Ex Parte GONALEZ-MARTIN et al - Page 6




          Appeal No. 2003-0346                                                        
          Application No. 09/113,925                                                  


          electrolyte polymers) in the form of membrane are useful as part            
          of a corrosion sensor.                                                      
               Similarly, neither Tomantschger nor Kosek relied upon by the           
          examiner recognizes that a solid electrolyte polymer membrane can           
          be effective in detecting or measuring corrosion.  Specifically,            
          both Tomantschger and Kosek are limited to employing a solid                
          electrolyte polymer membrane for a purpose and a manner                     
          materially different from those described in Homma (i.e.,                   
          detecting gases by contacting the gases (rather than corrosion in           
          a metal substrate) directly with an electrode, rather than with a           
          solid electrolyte polymer containing a liquid electrolyte).                 
          Compare, e.g., the Brief, pages 8 and 9 and the Answer, pages 7             
          and 8.       Thus, on this record, we determine that the                    
          examiner has not demonstrated that solid electrolyte polymers in            
          the form of membrane are useful for the corrosion sensor of the             
          type described in Homma.  The examiner has not supplied                     
          sufficient evidence to show that one of ordinary skill in the art           
          would have recognized the viability of using a solid electrolyte            
          polymer membrane in the sensor of the type described in Homma.              
          It follows that the applied prior art references as a whole would           
          not have provided sufficient suggestion or motivation to arrive             
          at the subject matter on appeal.                                            

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