Appeal 2007-0128
Reexamination Control 90/006,208
Patent 5,573,648
electrolytes to test for any toxic, combustible or flammable gas. (Id. at col. 2, ll.
42-46).
Tomantschger’s gas sensor cell comprises a sensing electrode and a counter
electrode on either side of an ion conductive electrolyte. (Id. at abstract).
Tomantschger teaches that the sensor and electrolyte are chosen to produce a
change in electrical characteristic of the sensor electrode with respect to the
counter electrode in the presence of a gas to be measured. (Id. at col. 5, ll. 20-25).
Tomantschger states that the electrolyte may be a solid or polymer electrolyte. (Id.
at abstract). Tomantschger states that the electrolyte material may be an ionically
conductive solid material, such as uranyl hydrogenphosphate tetrahydrate. (Id. at
col. 8, ll. 34-38).
Atwood is correct in stating that Tomantschger describes the use of frame
members to hold its electrodes and electrolyte in place. Atwood however, fails to
explain how the use of frame members precludes Tomantschger=s solid ionically
conductive electrolyte from acting as a Amembrane.@
We find that one of ordinary skill in the art was familiar with membrane and
electrode structures. We further find that one of ordinary skill in the art understood
that the purpose of the membrane was to permit passage of positively charged ions
and block the passage of negatively charged ions such that an electrical change is
brought about between the sensing and counter electrodes. One of ordinary skill in
the art reading the cited references would have been motivated to use
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