Ex Parte Dickman et al - Page 4

              Appeal 2007-2192                                                                     
              Application 11/004,487                                                               
              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             
              load.                                                                                
                    In conclusion, based on the foregoing, the Examiner's decision                 
              rejecting the appealed claims is reversed.                                           
                                           REVERSED                                                









              cam                                                                                  


              KOLISCH HARTWELL, P.C.                                                               
              520 SW YAMHILL STREET, SUITE 200                                                     
              PORTLAND, OR  97204                                                                  

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