Appeal No. 2006-2161
Application No. 10/248,326
arrangement of the fuel cells in Kothmann’s fuel cell stack
differs substantially from the arrangement of battery cells
in Lake’s battery pack. The examiner has not established
that Kothmann’s cooling modules would be suitable for use
with Lake’s battery pack system or effective to provide even
cooling of Lake’s battery pack. Reaction characteristics of
continuously fed fuel and oxidant in a fuel cell appear to
differ from those reaction characteristics conventional to
electric vehicle batteries. See Kothmann, col. 3, l. 54-63.
The evidence suggests the fuel cell components that must be
cooled and protected from degradation at high temperatures
differ substantially from those components of electric
vehicle batteries that must be cooled and protected from
high temperatures. See Kothmann, col. 1, l. 26-31.
Kothmann’s cooling loop is designed for selective
reversal of coolant flow through a fuel cell stack to
ensure uniform fuel cell temperatures. Kothmann, col. 5,
l. 4-12. Given the comparative differences in the design,
chemical reaction characteristics, and utility of Kothmann’s
fuel cell system and Lake’s battery pack system, we find
that the examiner has not provided sufficient evidence that
one of ordinary skill in the art at the time of appellant’s
filing would have recognized the need or the desirability of
maintaining uniform temperatures across all cells of Lake’s
electric vehicle battery pack system. Notwithstanding the
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