Ex Parte JAURA et al - Page 9

               Appeal No.  2006-2161                                                                   
               Application No.  10/248,326                                                             
               coolant through Lake’s battery pack in the manner Kothmann                              
               describes for evenly cooling fuel cell stacks and                                       
               eliminating the problems caused by uneven cooling of fuel                               
               cell stacks.  Answer at 5.  The examiner relies exclusively                             
               on Kothmann’s teaching to reverse coolant flow through a                                
               fuel cell stack to support his determination that it would                              
               have been obvious to a person having ordinary skill in the                              
               art similarly to reverse coolant flow through Lake’s battery                            
               pack system and alleviate uneven cooling of the battery                                 
               cells thereof.  The examiner points to no incentive or                                  
               motivation to reverse the flow of coolant through Lake’s                                
               battery pack than that provided by Kothmann’s disclosure.                               
                     We find that the examiner’s evidence as a whole is                                
               insufficient to establish the prima facie obviousness of                                
               subject matter encompassed by the claims on appeal.                                     
               Therefore, we must reverse the examiner’s rejection.                                    
                     The fuel cell system disclosed in Kothmann differs                                
               substantially from the battery pack system described by                                 
               Lake.  Kothmann’s fuel cells are arranged in stacks to form                             
               a composite fuel cell system.  Kothmann, col. 1, l. 19-22.                              
               The cooling system described by Kothmann positions cooling                              
               modules between every third to eighth fuel cell in a stack.                             
               Each of Kothmann’s cooling modules is designed and                                      
               positioned to cool multiple fuel cells in a stack.  See                                 
               Kothmann, col. 3, l. 67, through col. 4, l. 5.  The                                     

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