Appeal 2007-0128
Reexamination Control 90/006,208
Patent 5,573,648
Atwood=s >054 patent states that its protonic membrane is preferably
formed from NAFION 117 and identifies this material as a tetrafluoroethylene
copolymer. (A054, col. 8, ll. 35-49). Similarly, Uchida teaches that NAFION 117
forms an
effective solid polymer electrolyte membrane. (Uchida, col. 8, ll. 11-17).
Similarly, Grot teaches that its membrane may be formed from a commercial
perfluorocarbon membrane sold under the NAFION trade designation. Likewise,
Vanderborgh describes NAFION as a suitable binder for its electrodes.
Accordingly, we find that Grot, Uchida and Vanderborgh describe the use of
perfluorinated, ion-exchange polymer membranes.
We conclude that one of ordinary skill in the art would have been motivated
to form a perfluorinated, ion-exchange polymer membrane in light of Dempsey=s
teaching that such a membrane is preferred for a gas sensor due to its stability and
excellent ion exchange capacity. Further, Grot, Uchida and Vanderborgh likewise
direct one of ordinary skill in the art to employ such membranes.
Claims 8 and 79
Atwood claims 8 and 9 depend from claim 1 and require that the gas sensor
be adapted to detect carbon monoxide and nitrogen oxides. Claim 79 is an
independent claim and differs from claim 1 in that it explicitly states that carbon
monoxide is the gas being measured. Atwood argues that no combination of
references discloses, teaches or suggests the claimed gas sensor adapted to detect
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