Appeal 2006-2939
Application 10/178,826
We note that Appellants also do not contest the Examiner's legal
conclusion that it would have been obvious for one of ordinary skill in the
art to use a nickel anode of Badwal's fuel cell as the anode in JP '493.
We further note that Appellants do not lodge additional substantive
arguments with respect to the separately rejected dependent claims and
independent claim 13, but, rather, rely upon the asserted non-combinability
of JP '493 and JP '049.
As a final point, we note that Appellants base no argument upon
objective evidence of nonobviousness, such as unexpected results, which
would serve to rebut the prima facie case of obviousness established by the
examiner.
In conclusion, based on the foregoing and the reasons well-stated by
the Examiner, the Examiner's decision rejecting the appealed claims is
affirmed.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(iv)(effective Sept.
13, 2004).
AFFIRMED
cam
Delphi Technologies, Inc.
M/C 480-410-202
PO Box 5052
Troy, MI 48007
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