Ex Parte Jones et al - Page 4




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



          (4) Claim 19 under 35 U.S.C. § 103 as unpatentable over the                 
               combined disclosures of Bonnefoy, Bohrer and Singh.                    


                                       OPINION                                        
               We have carefully reviewed the claims, specification and               
          applied prior art, including all of the arguments and evidence              
          advanced by the examiner and the appellants in support of their             
          respective positions.  This review has led us to conclude that              
          the examiner’s Sections 102 and 103 rejections are well founded.            
          Accordingly, we affirm the examiner’s rejections for those                  
          findings and conclusions set forth in the Answer.  We adopt the             
          examiner’s findings and conclusions as our own and add the                  
          following primarily for emphasis and completeness.                          
               As found by the examiner (Answer, pages 4-6), Bonnefoy                 
          teaches routing at least some power produced by a fuel cell                 
          stack not consumed by a first load to a battery (second load) for           
          the same reasons disclosed by the appellants.  The appellants               
          acknowledge that “Bonnefoy teaches automatically routing electric           
          power to a battery in the event of a deficiency between the power           
          that is consumed by the load 4 and the power that is available at           



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