Ex Parte Saito et al - Page 6

                Appeal 2007-3378                                                                             
                Application 10/715,458                                                                       
                current and an output voltage of the fuel cell (Specification ¶ 0010 and                     
                ¶ 0023), it may be an interterminal voltage and/or cell voltage (Specification               
                ¶ 0011 and ¶ 0023), it may be an internal resistance of the fuel cell                        
                (Specification ¶ 0013 and ¶ 0023), it may be a temperature of the fuel cell,                 
                or it may be a temperature of an exhaust gas (Specification ¶ 0014 and                       
                ¶ 0023).  We, therefore, determine that the “operational state of the fuel cell”             
                is any condition of the fuel cell arising from its operation.                                
                      Turning to Fuglevand, we find that this reference describes a process                  
                of operating a fuel cell as follows:                                                         
                            As best understood by a study of FIG. 3, the fuel cell 10                        
                      has an anode and a cathode 52 and 53 which produces electrical                         
                      power having a given current and voltage output.  The                                  
                      controller 122 is electrically coupled with the fuel cell 10 and is                    
                      operable to shunt the electrical current between the anode and                         
                      the cathode of the fuel cell under predetermined operational                           
                      conditions.  As earlier discussed, the shunt controller 122                            
                      includes voltage and current sensors 123 and 128 which are                             
                      disposed in voltage and current sensing relation relative to the                       
                      voltage and current output of the fuel cell 10 and are further                         
                      electrically coupled with the anode and cathode 52 and 53 of                           
                      the fuel cell 10.  Still further, the shunt controller 122 further                     
                      comprises an electrical switch, and which is shown herein as a                         
                      field effect transistor 124.  The field effect transistor 124 has                      
                      open and closed electrical conditions.  As will be described in                        
                      further detail below, the controller 122 upon sensing, by way of                       
                      the voltage and current sensors 123 and 128, a given voltage                           
                      and current output of the fuel cell 10, adjusts the valve 104 into                     
                      a predetermined fluid metering relationship relative to the                            
                      supply of fuel gas 105.  Still further, the controller 122                             
                      positions the field effect transistor in an open or closed                             
                      electrical condition, based upon predetermined performance                             
                      parameters for the respective fuel cells 10.                                           

                Fuglevand, col. 7, ll. 35-58 (emphasis added).                                               

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