Ex Parte Pan et al - Page 2

               Appeal 2007-0655                                                                            
               Application 10/314,157                                                                      
                            a fuel controller connecting said fuel tank to a reservoir of                  
                      diluted fuel;                                                                        
                            wherein the fuel controller delivers both concentrated fuel and                
                      water into the reservoir of diluted fuel, and wherein said fuel                      
                      controller delivers the concentrated fuel to the reservoir of diluted fuel           
                      when the fuel concentration of the diluted fuel falls below a                        
                      predetermined level.                                                                 
                      The Examiner relies upon the following references in the rejection of                
               the appealed claims:                                                                        
                      Okamoto                 5,723,228                Mar.   3, 1998                     
                      Shimotori                6,572,994 B1             Jun.    3, 2003                    
                      Acker                   6,821,658 B2             Nov. 23, 2004                      
                      Appellants’ claimed invention is directed to a fuel delivery system for              
               a liquid-type fuel cell comprising a fuel tank containing a concentrated fuel,              
               and a fuel controller which connects the tank to a reservoir of diluted fuel.               
               The fuel controller delivers concentrated fuel and water into the reservoir,                
               and delivers concentrated fuel to the reservoir of diluted fuel when the                    
               concentration falls below a predetermined level.                                            
                      Appealed claims 1 and 4-6 stand rejected under 35 U.S.C. § 102(e) as                 
               being anticipated by Shimotori.  Claims 1 and 7-12 stand rejected under 35                  
               U.S.C. § 102(e) as being anticipated by Acker.  Also, claim 2 stands rejected               
               under 35 U.S.C. § 103(a) as being unpatentable over Acker in view of                        
               Okamoto.                                                                                    
                      We have thoroughly reviewed each Appellants’ arguments for                           
               patentability.  However, we find that the Examiner’s rejections are well-                   
               founded and supported by the prior art evidence relied upon.  Accordingly,                  



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