Ex Parte Gestermann et al - Page 4

                Appeal  2006-2903                                                                               
                Application 10/296,359                                                                          
                described gas diffusion electrodes are used in electrochemical cells.  In                       
                Example 1, Ashida discloses an electrode substrate (catalyst support                            
                material) that is formed from nickel cermet that is coated with silver plating                  
                (col. 5, ll. 37-45).  Ashida further discloses a hydrophobic collector that                     
                comprises nickel mesh (metallic baseplate) that is coated with a coating                        
                composition comprising silver powder and PTFE (col. 5, ll. 46-57).  The                         
                described electrode substrate and hydrophobic collector are combined to                         
                form a gas diffusion electrode (col. 5, ll. 58-62).  As such, Ashida describes                  
                a catalyst support material (nickel cermet) having applied thereto a catalyst                   
                coating composition this structure being joined to a stiff metallic baseplate                   
                (nickel mesh) to form a gas diffusion electrode.                                                
                       Appellants argue that Ashida does not anticipate the claimed subject                     
                matter because the additional rigid support of the claimed invention is not                     
                disclosed (Br. 5).  This argument is not persuasive because Ashida describes                    
                a collector comprising nickel mesh, which meets the rigid support of the                        
                presently claimed invention.2                                                                   
                       Claims 14 and 15 stand rejected under 35 U.S.C. § 103(a) as obvious                      
                over Ashida and Gestermann.  According to the Examiner, Gestermann                              
                teaches a gas diffusion electrode having a metallic grid structure that is                      
                welded along the unperforated edge to the electrochemical cell apparatus.                       
                The Examiner concludes that it would have been obvious to weld the gas                          
                diffusion electrode of Ashida to the apparatus assembly in order to obtain a                    
                gas-tight apparatus (Answer 4).  The Appellants have not challenged the                         
                Examiner's rationale for combining the teachings of Gestermann with                             
                                                                                                               
                2 Appellants have not presented arguments directed to the catalyst material                     
                containing coating composition.                                                                 
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