Appeal 2007-0128
Reexamination Control 90/006,208
Patent 5,573,648
Claim 75
Atwood claim 75 depends from claim 1 and requires that the sensing and
counter electrodes have a first side opposite a second side and that the ionic and
conducting materials are continuous from the first to second side.
The Examiner relies upon Vanderborgh as demonstrating that it was known
in the art to form homogeneous electrodes. Specifically, Vanderborgh teaches that
it was known in the art to form electrodes comprising a homogeneous mixture of
an ion exchange polymer, an electrical conductor and an electrocatalyst.
(Vanderborgh, col. 3, ll. 7-11).
Atwood contends that none of the prior art references teaches or suggests
forming sensing and counter electrodes having an ionically conducting material
and
electronically conducting material that is continuous from a first side to a second
side. (Appeal Br., p. 53).
The prior art teaches the use of uniform, homogeneous electrodes.
Specifically, in addition to Vanderborgh, Grot describes the formation of a uniform
electrode structure that uses a relatively small loading of catalyst. (Grot, col. 3, ll.
49-57). Grot teaches that such electrodes have excellent characteristics and are
superior to those of the prior art. (Id. at col. 3, ll. 4-15 and ll. 60-62). One of
ordinary skill in the art would have been motivated to employ the known uniform
“continuous” electrode structures of the prior art in the gas sensor of Dempsey as
such electrodes provide excellent characteristics including a reduction in the
50
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