Appeal 2006-3385
Application 10/407,401
JP ‘365
JP ‘365 discloses a fuel cell generation system including a reformer, a
heat exchanger, and an air blower. (Abstract).
JP ‘365 teaches pre-heating atmospheric air with hot combustion
exhaust gases from a reformer. The pre-heated air is then delivered to the
reformer. (Abstract).
JP ‘365 discloses that all-around generation efficiency is provided by
pre-heating the air. (Abstract).
ANALYSIS AND CONCLUSIONS
I. Rejections under 35 U.S.C. § 102
A reference is anticipatory within the meaning of 35 U.S.C. § 102 if
it discloses each and every claim limitation either expressly or inherently.
In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1432 (Fed. Cir.
1997). Appellants argue that the Examiner failed to make a prima facie
showing of inherent anticipation because the Examiner did not present
objective evidence or technical reasoning which demonstrates that the prior
art cooling systems of Krause and Allen are capable of cooling both a
processor reactor and the interior of a cabinet containing the reactor and
other constituent elements of the fuel processor as required by claim 36.
(See Br. 7-8 and 10).
The Examiner found that the cooling elements of both Krause and
Allen are inherently “capable of cooling the processor reactor and the
interior of the cabinet.” The basis for the Examiner’s finding is two-fold.
First, the Examiner notes that the cooling elements of Krause and Allen are
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