Ex Parte Badding et al - Page 2

               Appeal 2007-1939                                                                             
               Application 10/277,563                                                                       
                      The claims                                                                            
                      Claim 12, the only independent claim on appeal, defines the invention                 
               as follows:1                                                                                 
                      12. An electrical power-generating assembly for a solid oxide                         
                      fuel cell comprising:                                                                 
                         a) a packet element having an enclosed interior formed at                          
                            least in part by one or more compliant solid oxide sheet                        
                            sections;                                                                       
                         b) a frame element edge-supporting the solid oxide sheet                           
                            sections;                                                                       
                         c) one or a plurality of anodes disposed within the enclosed                       
                            interior and supported on an interior surface of a                              
                            compliant solid oxide sheet section;                                            
                         d) one or a plurality of cathodes supported on an exterior                         
                            surface of the compliant solid oxide sheet section at                           
                            locations generally opposite the anodes on the interior                         
                            surface;                                                                        
                         e) a fuel delivery conduit through the frame element for                           
                            supplying a fuel gas to the enclosed interior; and                              
                         f) electrically conductive means connected to the anodes and                       
                            cathodes for drawing electrical current from the                                
                            assembly.                                                                       
               Corning does not separately argue the limitations of the dependent claims so                 
               we focus our analysis on claim 12.                                                           
                      We start by construing claim 12.  Corning describes the claimed                       
               invention in terms of embodiments in the specification, but offers no express                
               construction of a contested term.2  The final rejection does not offer express               
               claim constructions either, but the examiner's answer does.                                  
                                                                                                           
               1 All claim language is taken from Corning's Appeal Brief (Br.).                             
               2 Compare Br. 2-4 (Summary of the Claimed Subject Matter) (describing                        
               claim 12 in terms of disclosed embodiments) with Br. 4-5 (Argument)                          
               (noting differences between the claimed embodiment and the prior art).  For                  
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