Appeal No. 2002-0258
Application No. 09/254,402
In contradistinction to the cited reference, in the claim two
layers1 are required to separate the exhaust gas from the electrode
- the insulating layer and the selective oxygen-ion-conductive
layer. The selective layer conducts only oxygen in the form of
oxygen ions, and the non-conductive layer has gas permeable
portions to conduct the oxygen. Liu, on the other hand, allows
direct gaseous contact of the diffused exhaust gas, or oxygen as
modified, to a chamber above the electrode. The appellants have
added an additional layer into the chamber.
The secondary reference relied upon teaches the preference
for an oxygen conductor of a mixed ion conductive material.
However, this secondary reference does not cure the deficiency of
the primary reference - which creates an exhaust gas or oxygen
chamber in direct contact with the electrode, which is not covered
by the insulating layer.
As the examiner has not identified where in the reference the
claim limitation of the insulating layer covering the electrode is
found, a prima facie case of obviousness has not been established.
We are, therefore, constrained to reverse this rejection.
1 Webster’s New Collegiate Dictionary defines layer as: 2a : one thickness,
course, or fold, laid or lying over or under another b : stratum. We thus
interpret claim 11 as requiring a layer to be present over the entire cathode.
6
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007