Appeal 2006-2939
Application 10/178,826
(d) claims 8, 10, 11, and 13 over JP '493 in view of JP '049, Badwal,
and Haltiner, and
(e) claim 9 over JP '493 in view of JP '049, Badwal, and WO '752.
We have thoroughly reviewed each of Appellants' arguments for
patentability. However, we are in complete agreement with the Examiner
that the claimed subject matter would have been obvious to one of ordinary
skill in the art within the meaning § 103 in view of the applied prior art.
Accordingly, we will sustain the Examiner's rejections for essentially those
reasons expressed in the Answer, and we add the following primarily for
emphasis.
There is no dispute that JP '493, like Appellants, discloses a fuel cell
comprising a passageway leading from the anodes comprising oxygen getter
means therein. As appreciated by the Examiner, JP '493 is silent with
respect to the details of the entire fuel cell assembly, including a passageway
leading to the anodes. However, Appellants do not contest the Examiner's
factual determination that JP '049 discloses oxygen getter means in
passageways leading to the anodes of a fuel cell assembly for the purpose of
removing oxygen, carbon monoxide and carbon dioxide from the hydrogen
reforming stream to reduce poisoning of the anodes. Accordingly, based on
the collective teachings of JP '493 and JP '049, we find no error in the
Examiner's legal conclusion that it would have been obvious for one of
ordinary skill in the art to either use an oxygen getter in a passageway
leading to the anodes of JP '493, or to use an oxygen getter in the exhaust
passage of JP '049 leading from the anodes.
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