Ex Parte Wardrop et al - Page 4



          Appeal No. 2006-0587                                                        
          Application No. 10/017,483                                                  

          considers the “first dump load” requirement of appealed claim 1             
          as satisfied by patentee’s electric motor 7 which powers pump 8             
          to thereby transfer fuel from tank 9 to fuel cell battery 2 (see            
          Keller’s drawing).  The record also reflects that the claim 1               
          requirement “wherein the first transistor is responsive to the              
          stack terminal voltage across the first set of fuel cells to                
          selectively couple the first dump load in parallel with the first           
          set of fuel cells when the stack terminal voltage . . . exceeds a           
          threshold voltage . . . ” is regarded by the examiner as                    
          distinguishing from and in fact opposite to Keller’s system                 
          wherein the electric motor (cf., the hereclaimed first dump load)           
          is “coupled” when the stack terminal voltage is below, rather               
          than exceeds as here claimed, a threshold voltage.                          
               With further regard to this matter, patentee’s electric                
          motor is activated when the voltage under regulation falls below            
          a fixed value to thereby initiate pump 8 thus transferring fuel             
          to fuel cell battery 2 whereby additional voltage is supplied to            
          load circuit 1.  See Keller, for example, at lines 4-13 in column           
          1, from line 55 in column 1 through line 5 in column 3, and                 
          especially the sentence bridging columns 2 and 3.  As previously            
          indicated, this aspect of Keller’s system is referred to by the             

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