Appeal 2007-0128
Reexamination Control 90/006,208
Patent 5,573,648
Tomantschger=s solid ionically conductive uranyl hydrogenphosphate tetrahydrate
electrolyte in a gas sensor, such as Demspey=s, because the electrolyte forms an
effective membrane for gas sensors employing a membrane and electrode structure.
We affirm the Examiner=s rejection of claim 7 as obvious over Dempsey in view
of Grot, Uchida and Vanderborgh and further in view of Tomantschger.
D. Claims 10 and 11 are 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 LaConti.
Atwood claims 10 and 11 each depend from claim 1. Atwood claim 10
requires that the sensor be adapted to detect hydrogen and claim 11 requires the
sensor be adapted to detect hydrogen sulfide.
The Examiner states that Dempsey, Grot, Uchida, and Vanderborgh do not
explicitly identify hydrogen or hydrogen sulfide as the gases being detected.
(Examiner’s Answer, p. 7). The Examiner cites LaConti as teaching that it was
known in the art to adapt gas sensors to detect hydrogen and hydrogen sulfide.
(Id.).
Atwood states that there is no proper combination of references that teaches
or suggests each and every element of claims 10 and 11. Atwood argues that
LaConti teaches away from the subject matter of the claims as it requires that the
sensing and counter electrodes to be located on the same side of the membrane.
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