Ex Parte Edlund et al - Page 15


                    Appeal 2007-0492                                                                                                       
                    Application 10/810,960                                                                                                 


              1             Rejections based on Ito                                                                                        

              2     37. The Examiner finds that Ito teaches that "the nitrogen-enriched air from the                                       
              3     oxygen-enriched air generating means (that includes an oxygen selective membrane) may                                  
              4     be used to atomize liquid fuel (in this case, heavy oil, a carbon-containing feedstock).                               
              5     (* * * Col. 3, ll. 46-56)."  (Final at 6.)                                                                             

              6     38. The Examiner reasons that because ordinary workers "would recognize the                                            
              7     advantage in using an existing high(er)-pressure process stream to pressurize another                                  
              8     process stream based [on] environmental, economic, and system efficiency factors," such                                
              9     workers would have used the low oxygen content stream to pressurize the liquid fuel                                    
             10     stream in fuel processor sections of fuel cell systems, as in Appellants' claims 45, 48, 61,                           
             11     and other claims.  (Final Rejection at 6, ¶ 8; 10–12, ¶ 12; and at 13, ¶ 13.)                                          

             12     39. With respect to claims 45, 48, and 61, Appellants argue that the Examiner's                                        
             13     reliance on the combined teachings of Okamoto, St-Pierre, and Ito to reject claims 45, 48,                             
             14     and 61 is unsound because Ito does not teach the limitation common to those claims that                                
             15     "the byproduct stream produced from the oxygen-enrichment assembly is used to                                          
             16     pressurize a supply of liquid fuel."  (Brief at 13; emphasis original.)                                                

             17     40. In Appellants' words:                                                                                              
             18             Ito discloses using nitrogen-enriched (i.e., oxygen-depleted) air from an                                      
             19             oxygen-enriched air generating means 8 for atomizing the fuel (e.g., heavy                                     
             20             oil) delivered to the burner 2 and thus provide for better combustion.                                         
             21             (Col. 3, line 44 – col. 4, line 42.) * * * Ito simply does not disclose                                        
             22             pressuring a supply of fuel with the oxygen-depleted stream from an                                            
             23             oxygen-enrichment assembly.                                                                                    
             24     (Brief at 14.)                                                                                                         


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