Ex Parte Saito et al - Page 2

                Appeal 2007-3378                                                                             
                Application 10/715,458                                                                       
                                            I.  BACKGROUND                                                   
                      The invention relates to a diagnostic method and apparatus for                         
                diagnosing the state of a fuel cell.  The method serves to diagnose                          
                abnormalities occurring in the operation of the fuel cell (Specification ¶                   
                0005).  Claim 16 illustrates the method on appeal:                                           
                      16.  A diagnostic method for a fuel cell, which is a method for                        
                diagnosing a state of the fuel cell, includes the steps of:                                  
                      (a)  operating the fuel cell according to at least one predetermined                   
                operation pattern, the predetermined operation pattern to apply at least one                 
                predetermined operating condition to change an operational state of the fuel                 
                cell;                                                                                        
                      (b)  detecting a change in an operational state of the fuel cell                       
                corresponding to each of the operation patterns when the fuel cell is operated               
                according to the at least one predetermined operation pattern; and                           
                      (c)  diagnosing the state of the fuel cell based on the detected change                
                in the operational state and the at least one predetermined operation pattern.               

                      The apparatus is claimed as an operation device and “portions”                         
                performing functions corresponding to the method.                                            
                      The Examiner relies upon the following prior art references to show                    
                unpatentability:                                                                             
                Fuglevand   US 6,096,449  Aug. 1, 2000                                                       
                Iwasaki   US 6,447,939 B1  Sep. 10, 2002                                                     
                Yoshizawa   US 2003/0003334 A1 Jan. 2, 2003                                                  
                Bai    US 6,620,538 B2  Sep. 16, 2003                                                        






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