Ex Parte Assarabowski et al - Page 4



          Appeal No. 2005-1209                                                        
          Application No. 10/078,086                                                  

          (claim 4) be designed to convert a stream of water to a two phase           
          mixture of water and steam by using heat generated by the                   
          combustion of fuel cell anode exhaust gas in a catalytic burner.            
               We find no reference in Kaufmann regarding the conversion of           
          a stream of water to a two phase mixture of water and steam.  At            
          most, Kaufmann (page 3, para. 46) suggests that heat generated by           
          the combustion of anode exhaust gas in a catalytic burner can be            
          used in a heat exchanger “for evaporating operating medium and/or           
          water, and/or for reforming the operating medium.”  In no sense             
          can this be taken as synonymous with the generation of a two                
          phase mixture of water and steam in the heat exchanger.                     
          Evaporation of water does not necessarily imply that the water is           
          converted to steam.                                                         
               Further, as explained by appellants, neither the turbine 7             
          nor the fan 5 disclosed in Kaufmann contains water and,                     
          therefore, can not be said to have anything to do with converting           
          water into a two phase mixture of water and steam.                          
               Moreover, with regard to claim 4, we find nothing in                   
          Kaufmann to suggest feeding steam which has been so generated to            
          a catalytic fuel reformer.                                                  
               With regard to dependent claim 7, we also note that Kaufmann           
          makes no reference to providing “a swirled mixture of air and               
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