Ex Parte 5573648 et al - Page 11



            Appeal 2007-0128                                                                                  
            Reexamination Control 90/006,208                                                                  
            Patent 5,573,648                                                                                  
            diameter and a 0.6 mm thick membrane.  (Id. at col. 11, ll. 58-67).                               

            14) Dempsey does not describe Atwood=s claimed mixed ionic-electronic                             
            conductive electrodes.                                                                            
                         ii. Grot, U.S. Patent 5,330,860                                                      
            15) Grot describes a membrane and electrode structure.  (Grot ‘860, Title                         
            "Membrane and electrode structure.").                                                             

            16) Grot teaches that membrane and electrode cells are well known in the art and                  
            are useful for a variety of purposes, including fuel cells and gas sensing devices.               
            Specifically, Grot states that:                                                                   
                   So-called "M & E cells" are electrochemical cells employing a                              
                   membrane and electrode structure.  Such cells can be operated as an                        
                   electrolytic cell for the production of electrochemical products, or                       
                   they may be operated as fuel cells for the production of electrical                        
                   energy, gas generating devices and processes, chemical synthesis                           
                   devices, chemical treatment and processing devices and methods, gas                        
                   dosimeters and sensing devices and the like.  Electrolytic cells may,                      
                   for example, be used for the electrolysis of an alkali metal halide such                   
                   as sodium chloride or for the electrolysis of water.  M & E cells are                      
                   well known in the art.                                                                     

            (Id. at col. 1, ll. 19-30).                                                                       

            17) Dempsey identifies U.S. Pat. 3,297,484 (>484) and U.S. Pat. 3,134,697                         
            (>697) as describing electrodes for gas sensors.  Grot identifies the >484 and >697               
            patents, as well as others, as suffering from problems.  Specifically, Grot states                
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