Ex Parte England et al - Page 2

                  Appeal 2006-2939                                                                                             
                  Application 10/178,826                                                                                       
                  oxygen getter means disposed in each of said passageways for preventing                                      
                  gaseous oxygen from reaching and oxidizing said nickel in said anodes                                        
                  during a non-operational state of the fuel cell assembly.                                                    

                          The examiner relies upon the following references as evidence of                                     
                  obviousness:                                                                                                 
                  Wynnyckyi   US 4,607,961  Aug. 26, 1986                                                                      
                  Yoshida    JP 07-169493  July    4, 1995                                                                     
                  Wakabayashi  JP 8-38884 (A)  Feb.  13, 1996                                                                  
                  Badwal   US 5,942,349  Aug. 24, 1999                                                                         
                  Coombs   WO 01/19752 A1  Mar. 22, 2001                                                                       
                  Takahashi   JP 2001-313049 (A) Nov.   9, 2001                                                                
                  Haltiner, Jr.   US 6,562,502 B2  May 13, 2003                                                                
                                                (US 2001/0055706 A1    Dec. 27, 2001)                                          
                          Appellants' claimed invention is directed to a fuel cell assembly                                    
                  comprising nickel-containing anodes, and passageways leading to and from                                     
                  the anodes for conducting fuel.  Oxygen getter means are disposed in each of                                 
                  the passageways for preventing oxidation of the nickel in the anodes during                                  
                  non-operation of the fuel cell.                                                                              
                          The appealed claims stand rejected under 35 U.S.C. § 103(a) as                                       
                  follows:                                                                                                     
                          (a)  claims 1 and 12 over JP '493 in view of JP '049 and Badwal,                                     
                          (b)  claims 2-4, and 7 over JP '493 in view of JP '049, Badwal, and                                  
                  JP '884,                                                                                                     
                          (c)  claims 5 and 6 over JP '493 in view of JP '049, Badwal, JP '884,                                
                  and Wynnyckyi,                                                                                               



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