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            COMMISSIONER'S DECISION

 

   OBVIOUS & LACK NOVELTY: Patentable Advance Not Defined on

the Claims.

 

Amended claims proposed in response to Final Action, fail to set

out the essentials of what may be considered the patentable

advance in the art on the points argued by the applicant.

 

FINAL ACTION: Affirmed.

 

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This decision deals with a request for review by the Commis-

sioner of Patents of the Examiner's Final Action dated June 6,

1973 on application 984,415 (Class 204-25). This application

was filed on March 8, 1967 in the name of Edgar J. Seyb and

refers to a "Process for Electrodepositing Chromium".

 

Briefly this application relates to a process for electro-

depositing chromium comprising maintaining a chromium plating

bath containing chromic acid; maintaining in said bath

(a) a cathode and (b) an anode core bearing an anodically

electrodeposited coating of lead dioxide covering the immers-

ible active portion of said anode; and passing electric current

from said anode to said cathode thereby depositing chromium

upon said cathode.

 

In the Final Action the examiner refused claims 1 to 3 for

lack of novelty, and claims 3 and 6 for obviousness in view

of the following reference (only some of the group of substances

of claim 3 lack novelty):

 

British Patent

946,958     Jan. 15, 1964     Brandes

 

In the Final Action the examiner stated (in part):

 

Brandes has shown that it is known to electrodeposit chro-

mium from a chromic acid plating solution by using an

electrolytic cell the anode of which has a core of precious

metal such as platinum or palladium, having a coating of

lead dioxide (page 1, lines 68 to 75). Reference to chromic

acid is found on page 1; line 34 and page 4, line 16.

 

Attorneys have submitted that the lead dioxide of the re-

ference is formed in situ, but this argument is not borne

out by the fact that Brandes explicitly refers to anodes

being used which have a coating. Such coating must evidently

have been formed prior to the use of the anode in the elec-

trolytic process, and as at present, in a different bath.

 

The anode of claims 1 and 2 is shown on page 1, line 45 as

well as Tables 4 and 5 of the reference, which also applies

to claim 3 with respect to platinum and silver (line 72).

The metals iron, titanium, nickel, lead, steel, and aluminium

in claims 3 and 6 are of the type not readily attacked by

the acid bath as referred to on page 1, line 50 of the

reference. Steel anodes would not be inventive, as the term

includes those of stainless steel which is in the group of

metals just referred to.

 

The applicant in his response dated September 6, 1973 to the Final

Action stated (in part):

 

Prior art anodes may possess thick heavy scales of lead chro-

mate and lead oxides after extended use in a chromium plating

bath and one to several hours may be required to "activate"

such a lead alloy anode before a "steady state" current is ob-

tained. When such anodes have been used over a long period

of time, it may be necessary to remove the anodes from the

bath and clean the scale from the lead by chemical means or

by physical scrubbing. This procedure is difficult in large

installations and generally is employed as a last resort. Thus,

it has heretofore been common to start up a chromium plating

bath (especially after an extended period of idleness) by

using "dummy" or warm-up conditions. According to this method,

the bath may be electrolyzed with any desired cathode until

the build up of current indicates that the operation under

actual plating conditions can be expected to be normal. Typi-

cally, this warm up may take several hours, depending upon the

duration of the "downtime" and the thickness of the scale on

the anode. It is clear that the anodes employed in prior art

chromium plating processes have caused extensive problems which

render the plating operation relatively inefficient.

 

While it is believed that the reason for the relatively

poor performance of prior art anodes is due to the inclu-

sion of impurities in the lead dioxide deposits which may

form on these conventional lead or lead alloy anodes during

chromium plating, whereas the applicant's novel anodes are

prepared so as to be essentially free of such inclusion

impurities, the applicant s invention is clearly not to be

construed as dependent upon any particular theory of opera-

tion.

 

The applicant respectfully submits that the process claims

placed on file by this amendment, clearly and explicitly

distinguish the present invention from the invention to Brandes

and are novel, useful and unobvious. The subject matter of

the claims is directed to a problem not mentioned in the cited

art and the claimed invention is not anticipated, suggested,

or rendered obvious by the reference of record.

 

The Brandes et al reference, is concerned with a process for

the electrolytic deposition of high purity chromium using a

precious metal anode coated with lead dioxide which is partially

immersed in an electrolyte bath which is saturated with lead

chromate.

 

The BRANDES reference discloses that it is known to electro-

deposit chromium from a chromic acid plating solution by using an

electrolytic cell, the anode of which has a core of precious metal

such as platinum or palladium, which anode has a coating of lead

dioxide (page 1, lines 68 to 75). Claim 1 of this reference reads:

 

A method of electrolytically winning chromium of a high

degree of purity from an aqueous fluoride bath using an

anode of a metal or alloy that is not attacked by the bath,

the bath containing lead in solution and/or the anode having

a coating of lead oxide (Pb0 2).

 

The question to be decided is whether the applicant has made a

patentable advance in the art. Amended claim 1 now proposed by the

applicant reads:

 

A process for electrodepositing chromium wherein steady state

current is quickly reached and maintained, said process com-

prising maintaining a chromium plating bath containing

chromic acid, maintaining in said bath;

(a) a cathode, and

(b) an anode core bearing an anodically electrodeposited

coating of lead dioxide covering the immersible active portion

of said anode; and passing electric current from said anode

to said cathode thereby depositing chromium upon said cathode,

said coating of lead dioxide having been deposited precedent

to electrodepositing said chromium.

 

As previously mentioned this application relates to the use of

an electrodeposited coating of lead dioxide on the immersible

portion of an anode used in chrome plating apparatus.

 

It is observed from the reference that the patentee is concerned

with a method of electrolytically winning chromium of a high

degree of purity by electrolysis in an aqueous fluoride bath

using an anode of a metal ar alloy that is not attacked by the

bath, the bath containing lead salt and/or metallic lead in such

a way as to produce a coating of lead oxide on the anode.

 

The applicant has argued that "the modes are prepared so as to

be free of inclusion impurities. which would give rise to the re-

latively poor performance of the prior art anodes." The claims,

however, relate to an anodically electrodeposited coating of lead

dioxide which, according to page 10, line 26, may have been

derived from lead nitrate, lead perchlorate, or lead acetate,

rather than lead fluoride as disclosed in the reference (page 1,

line 63). If the difference of the source of lead is significant,

this has not been set out in the claims.

 

The applicant has also commented that the anode of the reference

"is partially immersed in an electrolyte bath which is saturated

with lead chromate." Page 1 line 59 of the reference, however,

merely states that "where a lead salt is added to the bath, it may

be lead chromate." The instant claims relate to a "plating bath

containing chromic acid." Table 1, on page 2 of the reference,

discloses the use of chromic anhydride (CrO3) in solution. These

terms however, may be interchangeably used.

 

In addition the applicant makes reference to the chromium electro-

deposit having "a specified thickness of 0.1-5 microns preferably

at a temperature of between 40 and 55·C." The disclosure of

this application does not suggest that this is a significant

feature as page 13 line 3 reads: ".,, to obtain a typical decora-

tive chromium plate having a thickness of 0.1-5 microns, say

1 micron." Hare again there is no restriction of this nature

in the claims.

 

On considering the difference between the reference cited and

that defined in claim 1 it is observed-from the previous

discussion that the claim lacks novelty. There has been added

to the claim a statement that "steady state current is quickly

reached and maintained." This effect would also occur in the

Brandes process, and proposed claim 1, therefore, in our view,

fails to distinguish from the reference.

 

Claim 2, which depends on claim 1, states that "the anode coca

is made of conductive material." The anode of the reference

is also made of conductive material, and therefore this claim must

also be rejected.

 

Claim 3, which depends on claim 1, specifies that the anode core

is selected from the group consisting of aluminum, steel, lead,

iron, graphite, platinum, titanium, copper, nickel and silver.

The reference states that the metal or alloy of the anode may be platinum

or palladium or any alloy of these sufficiently noble not to be

chemically attacked by the bath. As shown in the "Corrosion

Engineering Handbook, Fontana and Greene, 1967 at page 259,"

(which is not on the record) it is known that some steels, lead,

copper and nickel are resistant to hydrogen fluoride, and

consequently could be used in the electrolytic bath. While

aluminum was presumably not considered by Brandes (as it is

likely to be attacked by a fluoride bath Parry's Handbook 23-13),

it is obvious that in the absence of fluorides, a wider range

of metals would be available for the anode metal. The reference

stressed that the anode may be made of "a metal or alloy that

is not attacked by the bath" (see page 1, column 2, lines 42

and 43). We believe it is fair to say that any person skilled

in the art would know what materials satisfy the prerequisites

of not being attacked by a particular bath. This claim

therefore fails to distinguish in a patentable sense from the

reference cited.

 

Claim 6 differs from claim 1 in that the anode has an aluminum

core. However, the arguments with respect to claim 1 and also

of claim 3 (anode of aluminum) apply equally to this claim, and

it also fails for lack of a patentable advance in the art.

 

The Board is satisfied that proposed claims 1, 2, 3 and 6 do not

set out the essentials of a process which can be considered a

patentable advance in the art, and recommends that the Final

Action be affirmed.

 

J.F. Hughes,

Assistant Chairman,

Patent Appeal Board.

 

I concur with the findings of the Patent Appeal Board and

refuse to grant a patent on proposed claims 1, 2, 3 and 6. The

applicant has six months within which to appeal this decision

under the provisions of Section 44 of the Patent Act.

 

Decision accordingly,

 

A. M. Laidlaw,

Commissioner of Patents.

 

Dated at Hull, Quebec,

this 13th day of

September, 1974,

 

Agent for Applicant

Fetherstonhaugh & Co.,

Ottawa, Ontario.

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