Appeal No. 1996-1556
Application No. 08/154,135
within the meaning of 35 U.S.C. § 103. As indicated by
appellant, Madou discloses an extremely broad genus of
chemical compositions which happen to include the claimed
solid electrolyte species. See Brief, page 10, together with
Madou, columns 3 and 4. We find that Madou gives no guidance
or direction as to which solid composition is suitable for an
amperometric sensor. See Brief, page 10, together with Madou
in its entirety. Specifically, we find that Madou does not
recognize the importance of using a water free, non-
hygroscopic, water-insoluble, solid-state electrolyte having
an ionic conductivity of at least
10 ohm cm at room temperature in an amperometric sensor.-4 -1 -1
See Madou in its entirety. Rather, we find that Madou
suggests using a solid electrolyte having an ionic
conductivity of about
10 ohm cm at room temperature, which conductivity is-7 -1 -1
significantly lower than that claimed. Compare Madou, column
7, with claim 1. Under these circumstances, we cannot agree
with the examiner that Madou, as a whole, would have suggested
the use of the claimed solid electrolytes in an amperometric
sensor. In re Jones, 958 F.2d 347, 350, 21 USPQ2d 1941, 1943
7
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