Ex Parte WOLFE et al - Page 3




             Appeal No. 2003-0094                                                              Page 3                
             Application No. 08/995,786                                                                              


                    In reaching our decision in this appeal, we have given careful consideration to                  
             the appellants’ specification and claims, to the applied prior art references, and to the               
             respective positions articulated by the appellants and the examiner.  As a consequence                  
             of our review, we make the determinations which follow.                                                 
                    The appellants’ invention is directed to an air cycle machine for generating a                   
             stream of air to cool an enclosure such as a passenger compartment of a vehicle.  It is                 
             driven by compressed air from a turbine, and provides cool air without the use of                       
             refrigerants and without directly impacting the performance of the turbine.  The                        
             invention adds a fuel cell to the thermodynamic cycle in such a manner that the cooling                 
             function is provided independently of the electrical power generation of the fuel cell.                 
             Claim 21, the sole independent claim, recites the invention in the following manner:                    
                    21.  An environmental control system comprising:                                                 
                    an air cycle machine including a compressor and a cooling turbine;                               
                    a heat exchanger; and                                                                            
                    a fuel cell;                                                                                     
                    the compressor supplying a first stream of compressed air to an oxidant                          
                    inlet of the fuel cell and a second stream of compressed air to an inlet of                      
                    the cooling turbine during operation of the air cycle machine;                                   
                    the second stream being cooled by the heat exchanger.                                            
                    The first of the examiner’s rejections under 35 U.S.C. § 103(a) is that the subject              
             matter of claim 21 would have been obvious to one of ordinary skill in the art in view of               








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