Ex Parte Ushiro et al - Page 3

               Appeal 2007-1944                                                                             
               Application 10/631,894                                                                       
                                  a secondary cell which stores power generated by                          
                                  the fuel cell,                                                            
                            wherein the fuel cell system is disposed at a side of a lens                    
                            of the camera, and                                                              
                            the secondary cell is disposed adjacent to the fuel cell.                       
               (Br. at 15; paragraphing, indentation, and italics added.)                                   
                      Independent claims 26 and 28 are similar, but are drawn to a portable                 
               telephone and a portable terminal, respectively.  Independent claim 51 is                    
               drawn to a fuel cell system largely as recited in claim 25, but the flexible                 
               sheet member is not recited.  Claims 52–56 depend from claim 51.                             
                      The Examiner relies on the following prior art as evidence of                         
               unpatentability:                                                                             
                      Prasad      U.S. 2003/0,082,427 A1          May 1, 2003                               
                      Ohtani U.S. 6,118,949                      Sep. 12, 2000                             
                      Peterson    U.S. 3,439,596                 Apr. 22, 1969                             
                      Shioya      U.S. 6,916,565 B2               Jul. 12, 2005                             
                      Lonka       U.S. 6,308,084 B1               Oct. 23, 2001                             
                      Bateman     U.S. 5,909,818                  Jun. 8, 1999                              
                      Faris       U.S. 6,558,825 B1               May 6, 2003                               
               B.     Findings of Fact                                                                      
                      The following findings of fact and any set out in the Discussion are                  
               supported by a preponderance of the evidence of record.  To the extent any                   
               finding of fact is a conclusion of law, it should be treated as such.                        


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