Ex Parte Barbir et al - Page 3



                 Appeal No. 2006-0892                                                                                  Page 3                      
                 Application No. 10/202,701                                                                                                        

                         At the outset, we note that appellants argue the rejected                                                                 
                 claims as a group.  Accordingly, we select claim 9 as the                                                                         
                 representative claim on which we decide this appeal.  Appellants                                                                  
                 do not dispute that Yang corresponds to the claimed device in                                                                     
                 disclosing a bipolar plate useful in an electrochemical cell that                                                                 
                 includes a plate with a flow region disposed on a side of the                                                                     
                 plate.  However, appellants (brief, page 8) maintain that the                                                                     
                 claim 9 requirement for a length to width ratio of four to one                                                                    
                 for the claimed flow region is not taught by and would not have                                                                   
                 been suggested to one of ordinary skill in the art by Yang.  We                                                                   
                 disagree.                                                                                                                         
                         In this regard, we note that Yang teaches that the bipolar                                                                
                 plates disclosed therein are designed to allow for a uniform and                                                                  
                 sufficient pressure differential or pressure drop between inlet                                                                   
                 and outlet manifolds via flow restrictions placed therein to                                                                      
                 clear reaction products and condense humidity from flow channels                                                                  
                 formed on the flow side(s) or region of the bipolar plates                                                                        
                 thereof.   See, e.g., column 2, line 54 through column 3, line 381                                                                                                                   
                 of Yang.                                                                                                                          

                         1Indeed, Yang’s disclosed concern with the plate channels                                                                 
                 corresponds to appellants’ disclosure concerning the prevention                                                                   
                 of pockets of condensate from forming in plate channels at page                                                                   
                 4, paragraph number 0011 of the subject specification.                                                                            





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