Appeal 2007-0128
Reexamination Control 90/006,208
Patent 5,573,648
consistent with statements in their specifications, the claims of Grot and Uchida
demonstrate that Grot and Uchida did not intend their electrodes to be limited to
the field of fuel cells.
Additionally, the problem faced by Atwood=s inventors was finding a
suitable
membrane and electrode structure for detection of oxidation and reduction
reactions via the generation of electrical current. Atwood does not dispute that
Grot and Uchida teach electrodes that are suitable for use in oxidation and
reduction
reactions that generate electrical currents. (See, e.g., Uchida at col. 4, lines 27-36).
Further, Dempsey itself recognizes that fuel cell electrodes may be employed in
gas sensors. Specifically, Dempsey identifies two Afuel cell@ references3 as
describing electrodes that may be used in Dempsey=s gas sensor. (Dempsey, col.
7, lines 31-49).
Atwood=s fuel cell arguments have been considered but we find that
Atwood has failed to demonstrate that one of ordinary skill in the art would
understand that the teachings of Grot and Uchida are limited to fuel cells.
Specifically, as stated
above, Grot and Uchida explicitly teach that their electrodes may be used in gas
3U.S. Patent 3,134,697, entitled AFuel Cell@ and U.S. Patent 3,297,484, entitled AElectrode
Structure and Fuel Cell Incorporating the Same.@
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