Ex Parte Elter et al - Page 2



                 Appeal 2006-2522                                                                                      
                 Application 10/279,632                                                                                

                        a cathode between the first flow plate and the electrolyte layer,                              
                        wherein the cathode comprises:                                                                 
                               an electrolytic polymer;                                                                
                               a non-electrolytic polymer;                                                             
                               a first catalyst; and                                                                   
                               a second catalyst different from the first catalyst.                                    
                        The Examiner relies upon the following references as evidence of                               
                 obviousness:                                                                                          
                 Chun  US 2001/0052389 A1 Dec. 20, 2001                                                                
                 Isono  US 6,365,293 B1 Apr.  2, 2002                                                                  
                 Surampudi US 6,420,059 B1 Jul.  16, 2002                                                              
                 Hampden-Smith US 2002/0107140 A1 Aug.  8, 2002                                                        
                 Mazzucchelli US 6,737,183 B1 May 18, 2004                                                             
                 Castro US 2005/0106450 A1 May 19, 2005                                                                
                        Appellants’ claimed invention is directed to a fuel cell comprising                            
                 first and second flow plates and an electrolyte layer between the flow plates.                        
                 The cell also comprises a cathode between a first flow plate and the                                  
                 electrolyte layer, which cathode comprises electrolytic and non-electrolytic                          
                 polymers, as well as first and second catalysts that are different from each                          
                 other.                                                                                                
                        Appealed claims 1-13, 15, and 16 stand rejected under 35 U.S.C.                                
                 § 103 as being unpatentable over Chun in view of Surampudi.  Claims 1-17                              
                 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Isono in                           
                 view of Surampudi.                                                                                    


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