Ex Parte Jones et al - Page 2




          Appeal No. 2004-2053                                                        
          Application 09/773,704                                                      



                               APPEALED SUBJECT MATTER                                
               The subject matter on appeal is directed to a method of                
          operating a fuel cell stack which comprises routing at least some           
          of the power produced by the fuel cell stack not consumed by a              
          first load, e.g., appliances and/or electrical devices associated           
          with houses, to a second load, i.e., a battery.  See, e.g.,                 
          claims 1 and 3, together with the specification, page 4.                    
          Further details of the appealed subject matter are recited in               
          illustrative claims 1 and 3 reproduced below:                               
               1.  A method of operating a fuel cell stack, comprising:               
               providing a fuel flow to the fuel cell stack to produce                
          power, at least some of the power produced by the fuel cell stack           
          being consumed by a first load;                                             
               in response to a decrease in at least one of the power                 
          produced by the fuel cell stack and the power consumed by the               
          first load, determining whether to route at least some of the               
          power produced by the fuel cell stack and not consumed by the               
          first load to a second load; and                                            
               based on the determination, selectively routing said at                
          least some of the power produced by the fuel cell stack and not             
          consumed by the first load to the second load.                              
               3.  The method of claim 1, wherein                                     
               the second load comprises a battery; and                               





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