Ex Parte Jones et al - Page 3




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



               the determining comprises determining whether the battery is           
          capable of being charged using said power produced by the fuel              
          cell stack and not consumed by the first load.                              


                                     PRIOR ART                                        
               As evidence of unpatentability of the claimed subject                  
          matter, the examiner relies on the following prior art                      
          references:                                                                 
          Bonnefoy                 5,714,874                Feb.  3, 1998             
          Hauer                    6,214,484 B1             Apr. 10, 2001             
          Singh et al. (Singh)     2002/0076588 A1          Jun. 20, 2002             
          Bohrer et al (Bohrer)    0 782 209 A1             Jul.  2, 1997             
          (Published European Patent Application)                                     

                                     REJECTIONS                                       
               The appealed claims stand rejected as follows:                         
          (1) Claims 1 through 4 and 6 under 35 U.S.C. § 102(b) as                    
               anticipated by, or in the alternative under 35 U.S.C.                  
               § 103(a) as obvious over, the disclosure of Bonnefoy;                  
          (2) Claims 5 and 7 under 35 U.S.C. § 103(a) as unpatentable                 
               over the combined disclosures of Bonnefoy and Bohrer;                  
          (3) Claim 8 under 35 U.S.C. § 103(a) as unpatentable over the               
               combined disclosures of Bonnefoy, Bohrer and Hauer; and                




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