Ex Parte Mitlitsky - Page 5

                Appeal 2007-2584                                                                             
                Application 10/248,472                                                                       
                      Accordingly, we reverse the Examiner’s § 102(e) rejection of claims                    
                13 and 24 because Yamashita fails to disclose the claim features “controlling                
                a temperature of the hydrogen gas to fill the vessel to its specification                    
                pressure and maximum volume capacity while maintaining a vessel pressure                     
                at less than or equal to the specification pressure” (claim 13) and “cooling                 
                the hydrogen gas prior to entering the hydrogen gas vessel” (claim 24).                      

                35 U.S.C. § 103(a) REJECTION OVER YAMASHITA IN VIEW OF                                       
                STARNER: CLAIMS 17 AND 26 DEPENDENT UPON CLAIM 13                                            

                      Claims 17 and 26 depend from claim 13.  As indicated the § 102(e)                      
                rejection of claim 13 over Yamashita is reversed because all claim features                  
                were not disclosed by Yamashita.  Starner’s disclosure does not cure the                     
                deficiencies of Yamashita.  Accordingly, we reverse the § 103(a) rejection of                
                claims 17 and 26 over Yamashita in view of Starner.                                          

                35 U.S.C. §§ 103(a) REJECTIONS OVER YAMASHITA, AND                                           
                YAMASHITA IN VIEW OF STARNER                                                                 

                INDEPENDENT CLAIMS 1 AND 20                                                                  
                      Claims 1 and 20 recite “filling of the hydrogen gas vessel at a rate that              
                would fill a 5 kg vessel with the hydrogen gas in a period of time of less than              
                or equal to about 10 minutes” (claim 1) and “filling the hydrogen gas vessel                 
                at a rate that would fill a 5 kg vessel with hydrogen gas in a period of time of             
                less than or equal to about 5 minutes” (claim 20).   We are unsure how to                    
                interpret these claim features.  As such, any attempt by the Examiner or the                 
                Board to determine whether these claim features are disclosed by Yamashita                   
                would be improperly based upon speculation as to the meaning of the claim                    

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