Ex Parte 5573648 et al - Page 41



            Appeal 2007-0128                                                                                  
            Reexamination Control 90/006,208                                                                  
            Patent 5,573,648                                                                                  
            proton conductor be a copolymer having a tetrafluoroethylene backbone with a                      
            side                                                                                              

            chain of perfluorinated monomers containing at least one sulfonic acid group.                     
            Atwood claim 16 depends from claim 14 and requires that one of the first and                      
            second conductor materials is 50-99 wt% carbon black and the other is 1-50 wt%                    
            platinum.  Atwood states that no combination of references discloses the claimed                  
            gas sensor having such electrodes.  (Appeal Br., p. 44-45 and 50-51).                             
                   As discussed above, Grot teaches the formation of an electrode from                        
            NAFION7 and a catalyst having 20% platinum on a VULCAN7 carbon support.                           
            (Grot, col. 14, ll. 15-27).  Grot also teaches that electrodes may be formed from                 
            electroconductive oxides.  (Grot, col. 4, ll. 56-61).  Similarly, Uchida teaches that             
            its electrodes contain at least a noble metal catalyst, a carbon powder and a solid               
            polymer electrolyte.  (Uchida, col. 3, lines 46-56).  Also, Vanderborgh describes                 
            forming its electrodes with a mixture of platinum or any other suitable                           
            electrocatalyst dispersed and supported on carbon black and further describes                     
            NAFION7 as a suitable binder for electrodes.  (Vanderborgh, col. 3, ll. 11-14 and                 
            col. 8, ll. 13-25).                                                                               
                   One of ordinary skill in the art would have been motivated to form sensing                 
            and counter electrodes with carbon black and noble metals or metal oxides as                      
            Dempsey describes electrodes formed from noble metals and as Grot, Uchida and                     
            Vanderborgh teach that suitable electrodes for gas sensing applications may be                    
            formed with carbon and any suitable electroconductive material, such as noble                     

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