Appeal 2007-0128
Reexamination Control 90/006,208
Patent 5,573,648
evidence of record to support the Examiner=s position.
Dempsey states that suitable electrodes for Dempsey=s gas sensor are
described in U.S. Patents 3,432,355, 3,134,697 and 3,297,484. (Dempsey, col. 8,
ll. 31-49). As acknowledged by Atwood, the ‘355, ‘697 and ‘484 references
describe the use of electrodes in fuel cell. (Appeal Br., p. 21). Dempsey thus
informs one of ordinary skill in the art that, at a minimum, there is overlap between
electrodes employed in fuel cells and in gas sensors.
Grot provides a statement identifying the background of Grot=s invention.
In this section, Grot teaches that one of ordinary skill in the art knows that
membrane and electrode cells are suitable for use in fuel cells and gas sensing
devices. (Grot,
col. 1, ll. 19-30). Grot specifically identifies and discusses the >484 and >697
patents, both of which were identified by Dempsey as describing suitable
electrodes for Dempsey=s gas sensor. (Grot, col. 1, line 40 to col. 2, line 14). Grot
teaches that
prior electrode techniques, including those described in the >484 and >697 patents,
were inefficient, had poor reproducibility and required large loading of catalyst to
form an acceptable electrode. (Id. at col. 3, ll. 4-15). Grot teaches that, in contrast
to prior art electrodes, Grot=s electrodes have excellent characteristics, including a
uniform electrode structure and a reduced risk of delamination. (Id. at col. 3, line
60 to col. 4, line 29). Grot exemplifies electrodes having Aelectron conductive
mixed material and proton conducting material.@ Specifically, Grot teaches the
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