Ex parte NORIYUKI YAMAUCHI - Page 4




                Appeal No. 95-3362                                                                                                            
                Application 08/009,200                                                                                                        


                         said controlling means comprising                                                                                    
                         storing means for storing information indicating a relation                                                          
                between a load value of said fuel cell and a heat quantity                                                                    
                recovered by said heat load from said fuel cell, and                                                                          
                         calculating means for calculating electric power to be                                                               
                consumed by said heat generating means based on the relation                                                                  
                stored in said storing means, so that the sum of heat quantities                                                              
                recovered by said heat load from waste heat of said fuel cell and                                                             
                from generated heat of said heat generating means is a                                                                        
                predetermined value, in response to said external electric power                                                              
                load being a small load value and a heat quantity recovered by                                                                
                said heat load from said fuel cell being less than the                                                                        
                predetermined value.                                                                                                          
                         The Examiner relies on the following reference:                                                                      
                Aasen et al. (Aasen)                              4,802,100                Jan. 31, 1989                                      
                         Claims 1 through 8 stand rejected under 35 U.S.C. § 103 as                                                           
                being unpatentable over Aasen.                                                                                                
                         Rather than reiterate the arguments of Appellant and the                                                             
                Examiner, reference is made to the briefs  and answer for the        2                                                        
                respective details thereof.                                                                                                   
                                                                 OPINION                                                                      
                         We will not sustain the rejection of claims 1 through 8                                                              
                under 35 U.S.C. § 103.                                                                                                        

                         2Appellant filed an appeal brief on September 6, 1994.  We                                                           
                will refer to this appeal brief as simply the brief.   Appellant                                                              
                filed a reply appeal brief on December 5, 1994.  We will refer to                                                             
                this reply appeal brief as the reply brief.  The Examiner stated                                                              
                in the Examiner’s letter dated January 18, 1995 that the reply                                                                
                brief has been entered and considered but no further response by                                                              
                the Examiner is deemed necessary.                                                                                             
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