Appeal 2007-0489
Application 10/190,822
other organics that contain high concentrations of carbon monoxide
(Meltser, col. 1, ll. 21-25). The system of Meltser is located after the
formation of reformulated fuel for removal of carbon monoxide and before
the fuel enters the main fuel cell. Thus, the Examiner has correctly
determined that the system of Meltser comprises a valve that is located
between the fuel delivery stream (i.e., the fuel before reformulation) and the
main fuel cell.
Claim 38 stands rejected under 35 U.S.C. § 103(a) over Meltser.
Appellants state that “claim 38 is patentable over Meltser for at least the
same reasons that are explained in connection with the rejection of claim 9
over Meltser” (Reply Br. 2). We affirm the rejection of claim 38 for the
reasons presented above regarding the independent claim 9 and the reasons
presented by the Examiner.
The Rejections over Clingerman.
Claims 9 and 15-19 stand rejected under 35 U.S.C. 102(e) over
Clingerman.
The Examiner contends Clingerman describes a fuel cell system that
comprises a stack of fuel cells. Inclusive in the fuel cell stack are fuel cells
that function as sensors for these various constituent components of the fuel
stream. The Examiner contends that Clingerman's fuel system anticipates
the fuel cell system of claim 9 (Answer 3-4).
Appellants contend that the Examiner impermissibly has relied on a
single element (i.e., the fuel cell stack 32) in Clingerman's system to meet
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