Ex Parte Ruka et al - Page 2

                Appeal 2007-4240                                                                             
                Application 10/663,949                                                                       

                      Claim 1 illustrates Appellants’ invention of a tubular solid fuel cell,                
                and is representative of the claims on appeal:                                               
                      1.  A tubular solid fuel cell, comprising:                                             
                      an air electrode;                                                                      
                      an electrolyte formed on at least a portion of the air electrode; and                  
                      a ceramic-metal fuel electrode having a microstructure characterized                   
                by accumulated molten particle splats formed on at least a portion of the                    
                electrolyte.                                                                                 
                      The Examiner relies upon the evidence in these references of record                    
                (Answer 2-3):                                                                                
                Jensen    5,035,962          Jul.  30, 1991                                                  
                Cable     5,589,285          Dec. 31, 1996                                                   
                T.A. Ramanarayanan, S.C. Singhal, and E.D. Wachsman (Ramanarayanan),                         
                “High Temperature Ion Conducting Ceramics,” Interface 22-24 (The                             
                Electrochemical Society. Summer 2001).                                                       
                R.M.C. Clemmer and S.F. Corbin (Clemmer1), “Processing and properties of                     
                porous Ni-YSZ metal/ceramic composites,” Metal/Ceramic Interactions                          
                241-243 (2002).                                                                              
                      Appellants request review of the following grounds of rejection                        
                advanced on appeal (Br. 3-4):                                                                
                Claims 1 through 4, 9 through 12, and 15 through 17 under 35 U.S.C.                          
                § 102(b) as anticipated by or, in the alternative, under 35 U.S.C. § 103(a) as               
                obvious over Ramanarayanan as evidenced by the prior art acknowledged by                     
                Appellants at page 3 of the Specification (Answer 8);                                        
                Claims 1 through 8 and 12 through 18 under 35 U.S.C. § 103(a) as                             
                unpatentable over Cable as evidenced by the prior art acknowledged by                        
                Appellants at page 3 of the Specification (id. 6);                                           
                                                                                                            
                1  We do not find Clemmer listed on a PTO-892.  However, this reference                      
                was first applied in the Office Action mailed November 15, 2004 at 7, and is                 
                contained in the electronic file as NPL Document dated November 15, 2004.                    
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