Appeal No. 1997-2305
Application 08/451,459
For the above reasons, we affirm the rejection of claims
21-27.
Claims 28-30 require that the apparatus recited in claim
21 is combined with an internal combustion engine which
receives fuel gas from the apparatus. The examiner argues
that combining Eldridge’s apparatus with a conventional end
use apparatus such as an internal combustion engine was within
the skill in the art (answer, page 4). This argument is not
persuasive because the examiner has provided no evidence that
one of ordinary skill in the art at the time of appellant’s
invention would have considered Eldridge’s hydrogen-rich fuel
gas (page 1, lines 9-11) to be suitable as an internal
combustion engine fuel. Hence, we reverse the rejection of
claims 28-30.
DECISION
The rejection under 35 U.S.C. § 103 of claims 11-20 and
28-30 over Eldridge is reversed. The rejection under 35
U.S.C. § 103 of claims 21-27 over Eldridge is affirmed.
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