Appeal 2007-0489
Application 10/190,822
main fuel cell under 35 U.S.C. § 102(b). The issue turns on whether
Wilkinson describes a fuel cell system that comprise a sensor system
coupled to the fuel stream delivery system at one or more locations upstream
of the main fuel cell stack of fuel cells. We answer this question in the
negative.
We agree with Appellants that Wilkinson describes a fuel cell system
that includes a main fuel cell (210), but it does not include a sensor system
that is coupled to the fuel stream delivery system at a location upstream of
the main fuel cell (210) (Br. 10). The Examiner has indicated that the fuel
cell stack comprises one or more fuel cells that function as sensing fuel cells.
The Examiner asserts that the language “upstream” is construed to mean that
the sensing fuel cell will receive the fuel gas before a non-sensing fuel cell
(Answer 10). We do not agree. The claim language specifically indicates
that the sensor system is located upstream of the main fuel cell. The sensing
system described in Wilkinson is located within the main fuel cell. As such
the description appearing in Wilkinson does not anticipate the subject matter
of claim 9 within the meaning of § 102.
Remand to the Examiner
Claims 10-12, 18, 19, and 28-34 have only been rejected over the
Clingerman and Wilkinson references. We reverse the rejections over
Clingerman and Wilkinson because the sensing system described in each
reference is located within the main fuel cell. The present record does not
include a determination whether it would have been obvious to a person of
ordinary skill in the art to locate the sensing system upstream from the main
10
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: September 9, 2013