Appeal 2007-0617
Application 10/292,321
(6) Venkatachalam studies the influence of current density, and in the
range of 15-70 ma per square centimeter, the dissolution of Ni
increases with current density “slightly” (p. 128, right col.);
(7) Venkatachalam studies the influence of much higher current
densities, finding that up to 200 ma per square centimeter the
dissolution efficiency increases but beyond that it drops drastically
(p. 129, left col.);
(8) Venkatachalam teaches that, of all the parameters studied,
frequency has the most significant effect on Ni dissolution, with
lower frequencies resulting in the best dissolution rates (p. 129,
left col.);
(9) Venkatachalam does one study to determine the effect of DC on
dissolution of Ni, finding that “[u]nder similar conditions” the
current efficiency was only 45% with DC, where it was 60% with
AC (p. 130, right col.);
(10) Krynitz discloses a method for the decomposition of superalloys
by electrochemical oxidation of the alloy in an organic electrolyte
where the superalloy is used as the anode (col. 2, ll. 8-11 and 22-23);
(11) Krynitz teaches use of DC or rectified AC at a current density of
1-500 ma per square centimeter and a voltage of 5-100 V, although
current densities and voltages outside these ranges are also possible
(col. 3, ll. 22-36).
Under the proper legal standard, a reference will “teach away” when it
suggests that the developments flowing from its disclosure are unlikely to
produce the objective of Appellants’ invention. See In re Gurley, 27 F.3d
551, 553, 31 USPQ2d 1130, 1131 (Fed. Cir. 1994). However, a known or
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