Appeal 2007-0128
Reexamination Control 90/006,208
Patent 5,573,648
Vanderborgh’s electrodes are too small. Atwood concludes that each of the
references Aleads away from the subject matter of the claims@ and that the
references are not combinable to form a device having each and every element of
the appealed claims (Appeal Br. at 42).
A reference may be relied upon for all that it teaches and not merely its
preferred embodiments. Grot and Uchida describe their proton-electron mixed
conductive electrodes as being used in a variety of applications, including gas
sensors as well as fuel cells. Grot and Uchida=s claimed electrodes are not
restricted in their use. That Grot and Uchida=s fuel cells may employ non
Aambient@ temperature and pressure conditions does not negate the fact that both
Grot and Uchida specifically state that their electrodes have utility in gas sensor
applications. Taking the teachings of Grot and Uchida as a whole, we find that
Grot and Uchida do not Ateach away@ from Atwood=s claimed subject matter.
Atwood is correct in stating that Vanderborgh describes an electrode that has
a smaller diameter than that recited in Atwood’s claims. Atwood however, fails to
demonstrate that Vanderborgh is limited to such diameters. For example, while all
of Vanderborgh’s claims are directed to electrodes, none of Vanderborgh’s claims
is limited to a particular diameter.
Taking Grot, Uchida and Vanderborgh as a whole, we find that the
references do not teach away from Atwood’s claimed gas sensor. We conclude
that Dempsey taken in combination with Grot, Uchida and/or Vanderborgh teach
all that is required by Atwood claim 1.
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