Ex Parte Dickman et al - Page 4
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Board of Patent Appeals and Interferences > 2007 > Ex Parte Dickman et al - Page 4
Horiuchi fails to disclose a control system that is responsive to the load
applied to the fuel cell stacks. We concur with Appellants that "[t]he
Examiner apparently has confused the 'applied load' recited in Applicants'
claims with the 'minimum load of operation' discussed in Horiuchi" (Reply
Br. 3, second para.). The "minimum load of operation" discussed in
Horiuchi is the minimum fuel and oxidant gas demand on the reformer and
air blower, respectively, from the fuel cell stacks below which the power
generation system will cease to operate (see col. 1, ll. 43-52). We concur
with Appellants' argument that the control system of Horiuchi judges when
one or more fuel cell stacks are out of order, but the reference does not
describe a system for controlling non-faulty stacks based on the applied
In conclusion, based on the foregoing, the Examiner's decision
rejecting the appealed claims is reversed.
KOLISCH HARTWELL, P.C.
520 SW YAMHILL STREET, SUITE 200
PORTLAND, OR 97204
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Last modified: November 3, 2007