Ex Parte WOLFE et al - Page 10




             Appeal No. 2003-0094                                                             Page 10                
             Application No. 08/995,786                                                                              


             exhaust into a combustion chamber in a machine in which a turbine is driven by hot                      
             gases to rotate a compressor along with another rotating machine. It is true that in the                
             Hendriks system the rotating machine is a power turbine for generating electricity rather               
             than a fluid conditioning apparatus, as in Singleton.  Nevertheless, we agree with the                  
             examiner that one of ordinary skill in the art would have learned from Hendriks that                    
             there are advantages for utilizing a fuel cell in the same relationship in other analogous              
             machines, such as that of Singleton.                                                                    





                                                  CONCLUSION                                                         
                    The rejection of claims 21-23, 25 and 26 as being unpatentable over Singleton in                 
             view of Wolfe is not sustained.                                                                         
                    The rejection of claim 24 as being unpatentable over Singleton in view of Wolfe                  
             and Endres is not sustained.                                                                            
                    The rejection of claims 21-23, 25 and 26 as being unpatentable over Singleton in                 
             view of Hendriks is sustained.                                                                          
                    The rejection of claim 24 as being unpatentable over Singleton in view of                        
             Hendriks and Endres is sustained.                                                                       









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