Appeal 2007-4240
Application 10/663,949
The plain language of product claim 1 specifies a tubular solid oxide
fuel cell (SOFC) comprising at least, with reference to Application Fig. 2,
any manner of tubular air electrode (cathode) 14, at least a portion of which
is surrounded by any manner of tubular electrolyte 16, that in turn is
surrounded by tubular ceramic-metal fuel electrode (anode) 18.
Specification, e.g., 7:18 to 10:17. The tubular ceramic-metal fuel electrode
is characterized in that it has any manner of microstructure characterized by
accumulated molten particle splats and is formed on at least a portion of the
electrolyte.
Appellants disclose that plasma spraying by art recognized methods,
e.g., by atmospheric plasma spraying (APS), vacuum plasma spraying
(VPS), and flame spraying, a mixture of a metal powder and a ceramic
powder will “form a generally uniform layer having a microstructure
characterized by accumulated molten particle splats.” Specification, e.g.,
13:10 to 15:19. No other description of a method of providing a ceramic-
metal layer having a microstructure characterized by accumulated molten
particle splats is provided in the Specification.
We find the term “splat” is defined in context as “vi 1: To flatten on
impact <shooting snowballs that splattered on the black trunks – Saul
Bellow>.” Webster’s Third New International Dictionary 2200 (Philip
Babcock Gove, ed., Springfield, Mass. Merriam-Webster Inc. 1993).
Accordingly, on this record, we determine that the claimed ceramic-
metal electrode has a microstructure characterized by a surface having
flattened areas of accumulated molten particle splats formed by plasma
spraying a mixture of metal powder and ceramic powder, and thus, contrary
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