Ex Parte Kelley et al - Page 2



          Appeal No. 2005-1107                                                        
          Application No. 10/621,201                                                  

               a reservoir for storing a supply of methanol, suitably                 
          connected to the fuel cell, wherein a fuel quantity measuring               
          means is located within the reservoir, wherein the fuel quantity            
          measuring means comprises;                                                  
               an immersion capacitive unit, wherein the immersion                    
          capacitive unit comprises a plurality of pairs of plates placed             
          in more than one location within the reservoir, wherein the                 
          supply of methanol in the reservoir forms a dielectric between at           
          least one of the plurality of pairs of plates of the immersion              
          capacitive unit, and                                                        
               electrical circuitry for measuring a capacitance value of              
          the immersion capacitive unit produced using the dielectric.                
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Pope                         4,589,077              May  13, 1986           
          Hockaday                     5,759,712              Jun.  2, 1998           
               Appellants' claimed invention is directed to a fuel cell               
          system for a portable electronic device comprising a reservoir              
          that is connected to the fuel cell for storing a supply of                  
          methanol or a liquid hydrocarbon fuel.  An immersion capacitive             
          unit is located in the reservoir for measuring the supply of                
          methanol and hydrocarbon fuel.                                              
               Appealed claims 1 and 2 stand rejected under 35 U.S.C.                 
          § 103(a) as being unpatentable over Hockaday in view of Pope.               
               We have thoroughly reviewed each of appellants' arguments              
          for patentability.  However, we are in complete agreement with              
          the examiner that the claimed subject matter would have been                
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