Appeal 2007-0128
Reexamination Control 90/006,208
Patent 5,573,648
language construction of the term “cap” is something that provides cover. Giving
the term “cap” its broadest reasonable construction, we construe the term cap as
encompassing a thing that provides cover.
Dempsey’s bottom plate covers the bottom of the sensing (13) and reference
(11) electrodes. As shown in Figure 1, the sensing electrode 13 is placed above the
chamber 14 and extends above Dempsey’s bottom plate covering 15. Accordingly,
we find that Dempsey’s bottom plate 15 is in contact with the sensing electrode.
We conclude that Dempsey’s bottom plate covering 15 is a cap that is in contact
with the sensing electrode.
For the reasons provided above, we affirm the Examiner’s rejection of
claims 1, 3-6, 8, 9, 13-16, 75, 79 and 80 under 35 U.S.C. 103(a) as being
unpatentable over Dempsey in view of Grot, Uchida and/or Vanderborgh.
C. Claim 7 is rejected under 35 U.S.C. § 103(a) as being unpatentable
over Dempsey in view of Grot, Uchida or Vanderborgh and further in
view of Tomantschger.
Atwood claim 7 depends from claim 1 and further requires that the
membrane be formed from a metal oxide protonic conductor electrolyte.
The Examiner acknowledges that Dempsey, Grot and Uchida fail to
Aexplicitly recite the use of a metal oxide protonic conductor electrolyte.@
(Examiner=s Answer, p. 6). The Examiner cites Tomantschger for the teaching of
a metal oxide membrane for use in a gas sensor. The Examiner concludes that it
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