Appeal 2006-0249
Application 10/315,401
membrane electrode assembly (MEA), and the circumference of the outer
surface of the separator. Inoue is directed to the compressive sealing
structure provided between the separators and the membrane. It is that
compressive sealing structure to which the improvement of Inoue is directed,
i.e., elimination of stresses. There is no disclosure that circumferential seals
will not work to provide sealing. Further there is evidence that
circumferential seals can be used together with individual compressive seals
for added protection and to prolong seal effectiveness (Wozniczka, p. 13, l.
31 to p. 14, l. 11).
For each secondary reference combined with Inoue, Appellant argues
that there is no motivation for anyone of skill in the art to combine the
references, especially in view of the fact that Inoue specifically states that it
is trying to avoid peripheral sealing bands with the attendant problems
identified by Inoue (Br. 8, 12, 15-16). We disagree. Inoue, Singelyn, and
Kühl all provide evidence that circumferential sealing was conventional in
the art. Wozniczka provides specific reasons why such sealing is beneficial.
The prior art as a whole indicates that there are benefits to incorporating
peripheral sealing bands into fuel cell sealing arrangements. The motivation
comes from within the prior art and supports a prima facie case of
obviousness.
For each secondary reference Appellant further argues that the seal
element of the secondary reference would be separate from the two elements
of Inoue and thus no “peripheral sealing strip extending into the sealing gap
to seal the sealing gap in a gas-tight manner by compression between the cell
separator plates” would be provided (Br. 8, 12, and 16). The fact, however,
that the two elements of Inoue would be separate from the seal suggested by
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