Ex Parte Stimming et al - Page 3


                Appeal 2007-1259                                                                              
                Application 10/054,213                                                                        
                III. Findings of fact                                                                         
                      The record supports the following findings of fact as well as any other                 
                findings of fact set forth in this decision by a preponderance of the evidence.               
                    1. According to the ‘213 Specification “[t]he present object of the                       
                       present invention is to provide a fuel cell in which power losses                      
                       caused by contaminants [such as carbon monoxide] adsorbed at the                       
                       anode catalyst can be avoided inexpensively and reliably.”                             
                       (Specification at 4).                                                                  
                    2. To achieve this object, a fuel cell having an anode-cathode unit is                    
                       provided along with “means which impress a positive voltage pulse                      
                       on the anode” of the cell.  (Specification at 4).                                      
                    3. According to the ‘213 Specification:                                                   
                      To produce a suitable positive voltage pulse, means which                               
                      produce a temporary short circuit between the anode and                                 
                      cathode are provided for example. Alternatively, means which                            
                      bring about a pulsed feeding in of external electrical energy,                          
                      which is supplied to the anode, are provided…The variant first                          
                      described, with the short circuit, has the advantage over the                           
                      feeding in of external energy in that there is no need for an                           
                      external energy source.                                                                 
                    (Specification at 4).                                                                     
                    4. Claim 1 is representative and is as follows:                                           
                      A fuel cell, comprising:                                                                
                             An anode-electrolyte-cathode unit having an anode                                
                      catalyst; and                                                                           
                             means for impressing a positive voltage pulse on the                             
                      anode, wherein the fuel cell has a voltage that does not change                         
                      sign and at most becomes zero so that U (fuel cell) = U                                 
                      (cathode) – U (anode) ≥ 0.                                                              

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