Ex Parte Deshpande et al - Page 6

                Appeal 2006-3385                                                                               
                Application 10/407,401                                                                         

                                                   JP ‘365                                                     
                      JP ‘365 discloses a fuel cell generation system including a reformer, a                  
                heat exchanger, and an air blower.  (Abstract).                                                
                      JP ‘365 teaches pre-heating atmospheric air with hot combustion                          
                exhaust gases from a reformer.  The pre-heated air is then delivered to the                    
                reformer.  (Abstract).                                                                         
                      JP ‘365 discloses that all-around generation efficiency is provided by                   
                pre-heating the air.  (Abstract).                                                              

                                     ANALYSIS AND CONCLUSIONS                                                  
                                     I.  Rejections under 35 U.S.C. § 102                                      
                      A reference is anticipatory within the meaning of 35 U.S.C. § 102 if                     
                it discloses each and every claim limitation either expressly or inherently.                   
                In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1432 (Fed. Cir.                          
                1997).  Appellants argue that the Examiner failed to make a prima facie                        
                showing of inherent anticipation because the Examiner did not present                          
                objective evidence or technical reasoning which demonstrates that the prior                    
                art cooling systems of Krause and Allen are capable of cooling both a                          
                processor reactor and the interior of a cabinet containing the reactor and                     
                other constituent elements of the fuel processor as required by claim 36.                      
                (See Br. 7-8 and 10).                                                                          
                      The Examiner found that the cooling elements of both Krause and                          
                Allen are inherently “capable of cooling the processor reactor and the                         
                interior of the cabinet.”  The basis for the Examiner’s finding is two-fold.                   
                First, the Examiner notes that the cooling elements of Krause and Allen are                    


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