Ex Parte Kunisa et al - Page 2



         Appeal No. 2006-1311                                                       
         Application No. 10/101,177                                                 

         carbon layer infiltrate into at least part of pore portions of             
         the above carbon substrate,                                                
              coating said carbon layer with a liquid containing a                  
         catalyst and a fluorocarbon polymer having sulfonic acid groups            
         to form a catalyst layer,                                                  
              followed by impregnation with a solution containing a                 
         solvent-soluble fluorine-containing polymer having substantially           
         no ion exchange group and baking at from 100 to 200°C to prepare           
         a gas diffusion electrode,                                                 
              disposing an anode and a cathode to face each other, by               
         using the above gas diffusion electrode as the anode and/or the            
         cathode so that the above catalyst layer faces inside, and                 
              interposing between the anode and the cathode an ion                  
         exchange membrane comprising a fluorocarbon polymer having                 
         sulfonic acid groups having a thickness of from 20 to 150 μm,              
         followed by hot pressing, so that the anode and the cathode are            
         bonded to each side of the ion exchange membrane.                          
              In addition to the admitted prior art found in appellants'            
         specification, the examiner relies upon the following references           
         as evidence of obviousness:                                                
         Yoshitake et al.   6,528,200 B1  Mar.  4, 2003                             
         (Yoshitake '200)                                                           
         (English equivalent to JP 09320611)                                        
         Mizuno et al. (JP '897) JP 08007897   Jan. 12, 1996                        
         (Japanese Patent)                                                          
         Yoshitake et al. (Yoshitake) JP 09320611   Dec. 12, 1997                   
         (Japanese Patent)                                                          
         Moriga et al. (Moriga) JP 06044985   Feb. 18, 1994                         
         (Japanese Patent)                                                          
         Appellants' specification, pages 1-6                                       
                                        -2-                                         



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