Ex Parte Bunker - Page 2



                Appeal 2007-0285                                                                               
                Application 10/064,808                                                                         

                          at least one fuel cell stack disposed within said housing and                        
                defining at least one direct flow channel, said at least one fuel cell stack                   
                comprising at least one fuel cell, and said direct flow channel being                          
                configured to be in fluid communication with said inlet and outlet; and                        
                          a control system, which is configured to control an oxidant flow                     
                from said inlet to said direct and bypass flow channels.                                       
                      The Examiner relies upon the following references as evidence of                         
                obviousness:                                                                                   
                Scheffler US 4,859,545 Aug. 22, 1989                                                           
                Spaeh  US 5,688,610 Nov. 18, 1997                                                              
                Gillett  US 6,764,784 B2 Jul.   20, 2004                                                       
                Buswell EP 0,374,368 Jun.  27, 1990                                                            
                Masahiro JP 07-249419 Sep.  26, 1995                                                           
                Asano  JP 09-223512 Aug. 26, 1997                                                              
                Katsukuni JP 10-255827 Sep.  25, 1998                                                          
                      Appellant’s claimed invention is directed to a fuel cell assembly                        
                comprising at least one fuel cell stack disposed within a housing having an                    
                inlet and an outlet which define at least one bypass flow channel.  Also, the                  
                fuel cell stack defines at least one direct flow channel that is in fluid                      
                communication with the inlet and outlet of the housing.  In addition, the                      
                assembly comprises a control system that controls an oxidant flow from the                     
                inlet to the direct and bypass flow channels.  According to Appellant, “the                    
                thermal management system is configured to monitor a parameter value,                          
                such as temperature, compare the parameter value with a predetermined                          
                parameter value and generate a feedback signal output for actuating flow                       
                regulator 250” (Br. 3, third paragraph).                                                       

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