Ex Parte GRUNE et al - Page 5




          Appeal No. 2003-1907                                                        
          Application No. 09/214,893                                                  


          airstream to cool the fuel cell system of the vehicle.  We note             
          that Fletcher expressly discloses the use of a fan for directing            
          ambient air onto the exposed surface of the fuel cell system                
          (column 5, lines 2-4).  In our view, it would have been prima               
          facie obvious for one of ordinary skill in the art to supplement            
          such a cooling fan with the airstream generated by the relative             
          motion of the vehicle when employing the fuel cell system of                
          Fletcher in an electric vehicle.  We emphasize that appellants do           
          not dispute that it would have been obvious for one of ordinary             
          skill in the art to use the fuel cell system of Fletcher in an              
          electric vehicle.  Furthermore, we note that appellants base no             
          argument upon objective evidence of nonobviousness, such as                 
          unexpected results, which would serve to refute the prima facie             
          case of obviousness established by the examiner.                            
               In conclusion, based on the foregoing and the reasons set              
          forth by the examiner, the examiner's decision rejecting the                
          appealed claims is affirmed.                                                










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