Ex Parte Ruka et al - Page 7

                Appeal 2007-4240                                                                             
                Application 10/663,949                                                                       

                Specification 3:1-5.  Appellants acknowledge the sintering process of                        
                forming the anode fuel electrode from a mixture of nickel and YSZ as                         
                disclosed by Jensen.  Id. 3:11-14.  Appellants acknowledge forming the                       
                anode fuel electrode by plasma spraying, including APS, VPS, and flame                       
                spraying “a molten powdered metal or metal oxide onto an underlying                          
                substrate surface using a plasma thermal spray gun to form a deposited layer                 
                having a microstructure generally characterized by accumulated molten                        
                particle splats.”  Id. 3:16-4:6.                                                             
                      We, like Appellants, find no disclosure in Ramanarayanan which                         
                would have described to one skilled in this art or suggested to one of                       
                ordinary skill in this art that the anode fuel electrode of nickel in the YSZ                
                skeleton for the SOFCs disclosed therein can be formed on the surface of the                 
                YSZ electrolyte by plasma spraying a mixture of nickel and YSZ powders as                    
                the Examiner contends.  See Answer, e.g., 4-5, 7-8, 9-10, 12-13, and 15-16;                  
                Br. 6-7; Reply Br., e.g., 4.  Indeed, neither of the two specific methods                    
                disclosed by Ramanarayanan to deposit the specific anode fuel electrode                      
                skeletal structure involves plasma spraying, and Ramanarayanan’s statement                   
                that the deposition of the Ni-YSZ skeletal structure by depositing a slurry of               
                the materials followed by sintering is less costly compared to EVD is further                
                supported by the same disclosure in Jensen.  Appellants acknowledge that                     
                the EVD method of depositing the Ni-YSZ skeletal structure was known.                        
                Cable does not disclose forming any layer of SOFC by plasma spraying.                        
                Thus, we are further not convinced by the Examiner’s contention that one                     
                skilled in the art and one of ordinary skill in the art would have formed the                
                Ni-YSZ skeletal structure because of the knowledge in the art that YSZ can                   


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