Appeal 2007-0128
Reexamination Control 90/006,208
Patent 5,573,648
carbon monoxide. (Appeal Br., p. 46)
Dempsey teaches that its gas sensor detects gases Asuch as carbon
monoxide, NO2, alcohol vapors, etc.@ (Dempsey, abstract). Dempsey teaches that
a gas stream containing the Aconstituents to be detected is brought into contact
with the sensing
electrode.@ (Id. at col. 4, ll. 54-60). Dempsey further teaches that:
Changes at the sensing electrode due to the oxidation of carbon
monoxide or any other gas causes a change in the relative potential
between the sensing and reference electrode.
(Id. at col. 9, ll. 24-27).
Atwood argues that the Examiner has failed to appreciate that the sensing of
different gases requires different formulations of materials used to construct the
sensing and counter electrodes. Atwood states that one skilled in the art, knowing
the gas to be sensed, could readily select the appropriate materials in light of the
knowledge provided by Atwood=s specification. (Appeal Br., p. 48).
Atwood fails to specifically state how its specification teaches one of
ordinary skill in the art how to select the appropriate materials. Further, Atwood=s
specification provides the following statement regarding the selection of materials
for detecting gases such as hydrogen and H2S:
While the inventive gas sensor can be used to measure CO
concentration, it is also capable of measuring other gases such as H2,
H2S, H2O vapor alcohol, and NOx concentrations.
(>648 patent, col. 11, ll. 63-65).
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