Appeal 2007-0128
Reexamination Control 90/006,208
Patent 5,573,648
electrode, a counter electrode and a protonic conductive electrolyte membrane
situated between, and in contact with, the sensing and counter electrodes. The
sensing and counter electrodes each have a diameter in the range of approximately
1 mm to 15 mm and the membrane has a thickness in the range of approximately
0.1 mm to 1 mm. The sensing and counter electrodes are mixed ionic-electronic
conductive electrodes containing both an electronic conducting material and an
ionic conducting material.
The Examiner has rejected Atwood's claims setting forth four (4) prior art
rejections. Generally, the Examiner takes the position that the prior art teaches gas
sensors using a sensor electrode and a counter electrode with an
electrolyte membrane between the two electrodes, i.e., a membrane and electrode
cell. The Examiner acknowledges that no single reference relied upon by the
Examiner teaches the use of the gas sensor with Atwood's claimed mixed
conductive electrodes formed from an electronic conducting material and an ionic
conducting material. The Examiner states however, that the prior art describes the
mixed electrodes as suitable for use in gas sensors and identifies the benefits of
such electrodes, e.g., such electrodes have a uniform electrode structure which uses
a relatively small loading of catalyst. (Grot U.S. Pat. 5,330,860, col. 3, ll. 49-57).
Atwood disagrees with the Examiner's rejections. Atwood generally argues
that the Examiner has relied upon non-analogous art and that there is no motivation
to combine the prior art in the manner suggested by the Examiner.
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