Ex Parte Bunker - Page 6



                Appeal 2007-0285                                                                               
                Application 10/064,808                                                                         

                communication with an inlet and outlet of a housing, as recited by Claim 1”                    
                (Br. 8, penultimate paragraph).  It is not clear whether Appellant is arguing                  
                that JP ‘827 fails to show at least one direct flow channel defined by a fuel                  
                stack, or whether Appellant is arguing that the reference does not show the                    
                channel in fluid communication with an inlet and an outlet of a housing.                       
                Manifestly, the totality of Appellant’s sentence is accurate since JP ‘827, as                 
                recognized by the Examiner, fails to show a housing.  As for the direct flow                   
                channel defined by at least one fuel cell stack, we agree with the Examiner                    
                that the reference drawings clearly depict direct flow channels for fuel and                   
                oxidant through valves 61 and 71, respectively, and then through flow                          
                channels directly through the fuel cell stack.                                                 
                      Appellant also maintains that:                                                           
                      [I]t is not clear to Appellant whether replacing the oxidizing gas                       
                      bypass valve 9 of JP 10-255827 with the guiding of supply air                            
                      to the fuel cell stacks within the enclosure of Spaeh would                              
                      render the resulting combination unsuitable for the purpose of                           
                      JP 10-2555827, namely stopping power generation in a fuel cell                           
                      for which an abnormality is detected.                                                    
                (Br. 9, second paragraph).  However, Appellant’s argument misses the thrust                    
                of the Examiner’s rejection.  As explained by the Examiner, the rejection                      
                under § 103 is not predicated upon modifying the system of JP ‘827 to                          
                incorporate the specific features of Spaeh.  Rather, Spaeh is cited simply as                  
                evidence for the obviousness of providing the system of JP ‘827 with a                         
                housing.                                                                                       


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