Appeal 2006-0249
Application 10/315,401
the secondary references does not support Appellant’s argument. When
applying a seal as taught by the secondary references, the circumferential
sealing material would extend into the sealing gap as claimed. This is
because the sealing material would enter the gap between separators 6 and
extend toward seals 10 and 20. The claim does not require that the sealing
material fill the gap, it merely requires that it is “extending into the gap.”
The sealing material would extend into the gap as claimed.
We conclude that the Examiner has established a prima facie case of
obviousness with respect to the subject matter of claim 1 and claims 2, 5-7,
and 9-13 which stand or fall with claim 1 which has not been sufficiently
rebutted by Appellant.2
Claim 3
Appellant argues the subject matter of claim 3 separately. Claim 3
requires that the sealing element have clamp edges extending over first and
second outer edges of the outer cell separator plates. The Examiner notes
that Inoue includes sealing groove 7 and linear protrusion 8 on the surfaces
of the separators and seals 10 and 20 on these surfaces. The Examiner
further finds that the seals are clamped between the separators in assembly.
We agree with Appellant that the above mentioned structures are not clamp
2 We wish to add that we further find that Wozniczka anticipates the subject
matter of claim 1. Wozniczka describes a seal 80 meeting all the limitations
of the claim (Wozniczka, p. 12, l. 29 to p. 14, l. 30). The membrane
electrode assembly 5 of Wozniczka has lateral surfaces set back with respect
to lateral surfaces of the cell separator so as to leave a sealing gap as shown
in Figure 2. Encapsulating seal 80 has a sealing band peripherally enclosing
the composite and has a peripheral sealing strip extending into the sealing
gap (Fig. 2). The sealing strip seals in a gas-tight manner by compression
between the cell separator places as claimed (p. 16, ll. 22-27).
7
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