Ex Parte Ruka et al - Page 9

                Appeal 2007-4240                                                                             
                Application 10/663,949                                                                       

                or yttria.  The Examiner does not establish that Cable’s thus described                      
                porous body anode fuel electrode has a metal-ceramic microstructure                          
                characterized by accumulated molten particle splats formed on at least a                     
                portion of the electrolyte as claimed.                                                       
                      Accordingly, the Examiner has not established a prima facie case of                    
                anticipation or of obviousness under 35 U.S.C. §§ 102(b) and 103(a) in the                   
                grounds of rejection applying Ramanarayanan, and of obviousness under                        
                35 U.S.C. § 103(a) in the ground of rejection over Cable alone, and                          
                accordingly, we reverse the grounds of rejection of claims 1 through 18.                     
                      The Primary Examiner’s decision is reversed.                                           
                                                REVERSED                                                     








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