Appeal 2007-0128
Reexamination Control 90/006,208
Patent 5,573,648
reacting gases and states that its electrodes provide improved properties. Thus, one
of
ordinary skill in the art would have had a reasonable expectation that the proton-
electron mixed conductive electrodes of Grot, Uchida and Vanderborgh would
generate electricity in the presence of the oxidation/reduction reactions employed
in Dempsey=s gas sensor. Based upon the record presented, we do not credit
Atwood=s attorney argument to the contrary. Rohm & Haas Co. v. Brotech Corp.,
127 F.3d 1089, 1092, 44 USPQ2d 1459, 1462 (Fed. Cir. 1997)(Nothing in the rules
or in jurisprudence requires trier of fact to credit unsupported or conclusory
assertions).
iv. Dempsey in Combination with Grot, Uchida and/or
Vanderborgh Teach or Suggest Every Claimed Element
Atwood argues that Grot, Uchida and Vanderborgh teach away from
Atwood=s claimed subject matter. According to Atwood, Grot and Uchida
describe fuel cells that do not operate under ambient conditions.5 Atwood also
argues that
5We note that Atwood fails to provide a specific definition of the term ambient that
would exclude the fuel cell temperature and pressure conditions identified in Grot
and Uchida. As Grot and Uchida explicitly describe their electrodes as suitable for
use in gas sensor applications, we need not determine whether Grot and Uchida=s
fuel cells employ ambient conditions.
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