Appeal 2007-0128
Reexamination Control 90/006,208
Patent 5,573,648
Grot=s statement of improved electrode structure represents objective
evidence that one of ordinary skill in the art was aware that Grot=s mixed proton-
electron electrodes represented an improvement over the electrodes described by
Dempsey. We find that one of ordinary skill in the art reading Grot and Dempsey
would have been motivated to employ Grot=s proton-electron mixed conductive
electrodes in Dempsey=s gas sensors as Grot specifically teaches that Grot=s
electrodes provide improved electrical characteristics compared to those described
in Dempsey.
Uchida, like Grot and Dempsey, describes electrodes that generate electrical
current in the presence of oxidation/reduction reactions. Uchida, like Dempsey
and Grot, describes its electrodes as useful in fuel cells and in gas sensors. We
conclude that it is prima facie obvious to combine the known gas sensing
components of Uchida and Dempsey for their known ability to detect gases and
form a gas sensor, i.e., it is obvious to combine known components for their known
purpose to form an article having that purpose. Cf., In re Kerkhoven, 626 F.2d
846, 850, 205 USPQ 1069, 1072 (CCPA 1980) (AIt is prima facie obvious to
combine two compositions each of which is taught by the prior art to be useful for
the same purpose, in order to form a third composition which is to be used for the
very same purpose.@).
Vanderborgh, like Grot and Uchida, describes electrodes that generate
electrical current in the presence of oxidation/reduction reactions. Vanderborgh
also describes its electrodes as useful electrochemical devices that produce
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