Ex Parte Deshpande et al - Page 8

                Appeal 2006-3385                                                                               
                Application 10/407,401                                                                         

                rejection of claims 36, 39 and 43 under 35 U.S.C. § 102(e) as anticipated by                   
                Allen are affirmed.                                                                            
                                       II.  Rejections under 35 U.S.C. § 103                                   
                      Appellants argue that there is no teaching or suggestion in JP ‘365 that                 
                an air blower would be an appropriate means for cooling the interior of a                      
                cabinet containing a fuel processor or reformer.  (Br. 17).  Appellants also                   
                maintain that the Examiner failed to indicate the specific manner in which                     
                one of ordinary skill in the art would incorporate the air blower of JP ‘365                   
                into the fuel processor of Allen (Br. 18), and has not provided any guidance                   
                as to how one of ordinary skill in the art would use Clawson’s components                      
                in the system of Allen.  (Br. 21).                                                             
                      In determining obviousness under 35 U.S.C. § 103, the relevant                           
                inquiry is “whether the person of ordinary skill in the art, possessed with the                
                understandings and knowledge reflected in the prior art, and motivated by                      
                the general problem facing the inventor, would have been led to make the                       
                combination recited in the claims.”  In re Kahn, 441 F.3d 977, 988,                            
                78 USPQ2d 1329, 1337 (Fed. Cir. 2006).  In our view, the Examiner                              
                properly established a motivation to combine the teachings of Allen and JP                     
                ‘365 based on the disclosure in JP ‘365 that pre-heating with an air blower                    
                improves all-around generation efficiency.  (Answer 8, citing JP ‘365,                         
                Abstract).  Appellants themselves concede that the use of an air blower to                     
                provide pre-heated reactant air to a fuel cell might improve power generating                  
                capacity of the fuel cell.  (Br. 17).  See In re Beattie, 974 F.2d 1309, 1312,                 
                24 USPQ2d 1040, 1042 (Fed.Cir.1992) ("As long as some motivation or                            
                suggestion to combine the references is provided by the prior art taken as a                   


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