Appeal 2007-0128
Reexamination Control 90/006,208
Patent 5,573,648
requires trier of fact to credit unsupported or conclusory assertions).
vii. Claim 1 is Obvious over Dempsey taken in combination with
Grot and/or Uchida
We conclude that Atwood claim 1 is obvious over Dempsey taken in
combination with Grot, Uchida and/or Vanderborgh. We draw this conclusion
based upon the findings of fact identified above and summarized below.
Dempsey teaches all limitations of Atwood claim 1 with the exception of the
proton-electron mixed conductive electrodes. Grot, Uchida and Vanderborgh
describe proton-electron mixed conductive electrodes.
Dempsey, Grot, Uchida and Vanderborgh are analogous art in the field of
gas sensors. Grot and Uchida, like Dempsey, specifically identify their membrane
and electrode structures as having application in both the field of gas sensors as
well as fuel cells. Grot and Uchida, like Dempsey, teach that their membrane and
electrode structures generate electrical current in the presence of
oxidation/reduction reactions. Additionally, Grot teaches that its proton-electron
mixed conductive electrodes represent an improvement over the electrodes
employed by Dempsey. Similarly, Vanderborgh teaches that its electrodes provide
improved properties and can be used in devices that require electrochemical
generation of electrical power from reacting gases.
One of ordinary skill in the art would have found it prima facie obvious to
form Atwood=s claimed gas sensor given Dempsey in view of Grot, Uchida and/or
Vanderborgh as it is obvious to combine known components for their known
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