Ex Parte Dickman et al - Page 2

              Appeal 2007-2192                                                                     
              Application 11/004,487                                                               
                    a fuel cell stack assembly adapted to receive at least a portion of the        
              product hydrogen stream from the fuel processing assembly and to produce             
              an electric current therefrom to at least partially satisfy an applied load          
              having a magnitude, wherein the fuel cell stack assembly includes a plurality        
              of fuel cell stacks that each have a maximum rated power output, wherein             
              the fuel cell system is adapted to satisfy an applied load by supplying up to a      
              maximum desired power output, wherein the fuel cell stack assembly has a             
              total rated power output that is at least equal to the maximum desired power         
              output, wherein each of the fuel cell stacks has a plurality of operational          
              states that include at least a first operational state, in which the fuel cell stack 
              receives at least a portion of the product hydrogen stream from the fuel             
              processing assembly and produces an electric current therefrom, and a                
              second operational state, in which the fuel cell stack is not producing an           
              electric current, wherein each of the fuel cell stacks has a maximum rated           
              power output, and further wherein each of the fuel cell stacks is adapted to         
              selectively receive at least a portion of the product hydrogen stream and to         
              produce an electric current therefrom; and                                           
                    a control system with a controller adapted to selectively regulate the         
              operational states of the plurality of fuel cells stacks, wherein the controller     
              is adapted to regulate the operational states of the plurality of fuel cell stacks   
              responsive at least in part to the magnitude of the applied load, and further        
              wherein the controller is adapted to selectively configure at least one of the       
              plurality of fuel cell stacks from the first operational state to the second         
              operational state responsive to an applied load that is less than the maximum        
              desired power output.                                                                

                    The Examiner relies upon the following references in the rejection of          
              the appealed claims:                                                                 

              Okamato   5,714,276   Feb. 3, 1998                                                   
              Kenji (as translated) JP 2168803   Jun. 28, 1990                                     
              Horiuchi   5,462,815   Oct. 31, 1995                                                 
              Tanokura   5,624,768   Apr. 29, 1997                                                 
              Walsh   6,110,612   Aug. 29, 2000                                                    



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