Ex Parte Kelley et al - Page 3



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

          obvious to one of ordinary skill in the art within the meaning of           
          § 103 in view of the applied prior art.  Accordingly, we will               
          sustain the examiner's rejection for the reasons set forth in the           
          Answer, which we incorporate herein, and we add the following               
          primarily for emphasis.                                                     
               Hockaday, like appellants, discloses a surface replica fuel            
          cell capable of operating on hydrogen that is obtained from                 
          methanol.  Also, Hockaday discloses a fuel tank 119 for                     
          containing the methanol.  It is appellants' contention that the             
          fuel tank of Hockaday does not meet the requirements of the                 
          claimed reservoir, and appellants supply three dictionary                   
          definitions of "reservoir" to support their position.  However,             
          like the examiner, we do not understand how the fuel tank of                
          Hockaday does not fulfill appellants' definition of "a place                
          where something is kept in store" and "a part of an apparatus in            
          which a liquid is held" (page 9 of Brief, last paragraph).                  
          Manifestly, a fuel tank is a place where fuel is kept in store              
          before use, and is an apparatus which holds the liquid fuel.                
          Hence, we find no error in the examiner's reasoning that the fuel           
          tank of Hockaday qualifies as a reservoir.                                  
               Appellants also maintain that "the fuel filled fuel tank 119           
          of Hockaday is not a reservoir in that the fuel tank is punctured           
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