the step of compressing a coated carbon cloth substrate to a
compression of 25% or greater.
Appellant makes no significant distinction between the
individual claims in advocating for patentability. Accordingly,
all of the claims at issue are considered as standing or falling
with independent claim 1 for purposes of this appeal. In re
King, 801 F.2d 1324, 1325, 231 USPQ 136, 137 (Fed. Cir. 1986).
Claim 1 reads as follows:
1. A method of making a gas diffusion layer for an electro- chemical cell
comprising the steps of:
a) providing a plain-weave carbon fiber cloth;
b) coating a surface of said plain-weave carbon fiber cloth with a layer
comprising carbon particles and one or more highly fluorinated polymers to make a
coated plain-weave carbon fiber cloth; and
c) compressing said coated plain-weave carbon fiber cloth to a compression of
25% or greater; wherein said step of compressing does not include attaching said plain-
weave carbon fiber cloth to another layer.
The prior art references relied upon by the examiner are:
Allen et al. (Allen) 4,293,396 Oct. 6, 1981
Fan et al. (Fan) 2002/0134501 A1 Sept. 26, 2002
All of the appealed claims stand rejected for obviousness under 35 U.S.C. §
103(a) in view of Allen taken in combination with Fan.
We have carefully reviewed the record in this case in light of the opposing
positions taken by the appellant and by the examiner. Having done so, we are firmly
convinced that the prior art references relied upon by the examiner support a prima
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