Ex Parte Larson - Page 3




               Appeal No. 2006-0435                                                                                                   
               Application 10/028,173                                                                                                 


               facie case of obviousness.  Accordingly, we shall affirm the rejection at issue.                                       
                       The basis for our decision follows.                                                                            
                       As noted by the examiner, Allen teaches forming a GDL or electrode for                                         
               electrochemical cells essentially as claimed.  However, Allen is silent with regard to any                             
               need for a compression step.                                                                                           
                       Fan also teaches a method for producing similar GDL electrodes where the                                       
               product (a coated carbon cloth) is rolled between two rolls which exert a force on the                                 
               cloth sufficient to substantially eliminate cracks in the coating (Fan: designated                                     
               paragraphs 30 and 31).                                                                                                 
                       In view of the foregoing, we agree with the examiner that   it would have been                                 
               prima facie obvious, within the context of   35 U.S.C. § 103, to apply compression to the                              
               GDL electrode of Allen to obtain the benefit (elimination of cracking) taught by Fan.                                  


                       Appellant is of the view that since the purpose of the rolling step in Fan is to                               
               eliminate cracks in the surface coating on the GDL cloth, an ordinary artisan would                                    
               expect that only “superficial deformation” of the surface would be required to obtain the                              
               desired result.                                                                                                        
                       We disagree with appellant on this point for two basic reasons.                                                
                       First, we are of the opinion that a person of ordinary skill in this field would                               
               understand that a substantial compression of the GDL may very well be necessary to                                     

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