Ex Parte Wardrop et al - Page 1



               The opinion in support of the decision being entered today was not     
               written for publication and is not binding precedent of the Board.     
                                                                                     
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
          Ex parte DAVID S. WARDROP, MICHAEL SEXSMITH and RUSSELL H. BARTON           
                                    _____________                                     
                                Appeal No. 2006-0587                                  
                             Application No. 10/017,483                               
                                   ______________                                     
                                    ON BRIEF                                          
                                   _______________                                    
          Before GARRIS, WARREN and KRATZ, Administrative Patent Judges.              
          GARRIS, Administrative Patent Judge.                                        
                                 DECISION ON APPEAL                                   
               This is a decision on an appeal which involves claims 1-7              
          and 9.1                                                                     
               The subject matter on appeal relates to a fuel stack                   
          assembly for providing power to a working load.  With reference             
          to the appellants’ drawing, the assembly comprises a first set of           
          fuel cells 14, a first threshold detector 24, a first transistor            

               1On page 3 of the brief, the appellants “request consideration of      
          [non-elected species] claim 8 should claim 1 be found allowable.”           
          However, it is the Examining Corps., not the Board, to which such a         
          request must be presented.  See the Manual of Patent Examining              
          Procedure (MPEP), § 806.04 et seq. and § 821.04 (Rev. 3, August 2005).      
          Therefore, we will not further comment upon this aspect of the              
          appellants’ brief.                                                          




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