Ex Parte Mitlitsky - Page 2

                Appeal 2007-2584                                                                             
                Application 10/248,472                                                                       
                gas vessel, and maintaining the hydrogen gas at a temperature sufficient to                  
                enable the filling of the hydrogen gas vessel at a rate that would fill a 5 kg               
                vessel with hydrogen gas in less than or equal to 10 minutes (claim 1).                      
                Appellant states that filling a tank with hydrogen gas is an exothermic                      
                process such that cooling the hydrogen gas while filling the tank will prevent               
                the tank from overheating (Specification 4, ¶ [0017]).                                       
                      Claims 1 and 13 are illustrative:                                                      
                      1.  A method for filling a hydrogen gas vessel, comprising:                            
                      passing hydrogen gas from a hydrogen gas source to a hydrogen gas                      
                vessel; and                                                                                  
                      maintaining the hydrogen gas at a temperature sufficient to enable the                 
                filling of the hydrogen gas vessel at a rate that would fill a 5 kg vessel with              
                the hydrogen gas in a period of time of less than or equal to about 10                       
                minutes.                                                                                     
                      13.  A method for filling a hydrogen gas vessel, comprising:                           
                      passing hydrogen gas from a hydrogen gas source to the hydrogen gas                    
                vessel; and                                                                                  
                      controlling a temperature of the hydrogen gas to fill the vessel to its                
                specification pressure and maximum volume capacity while maintaining a                       
                vessel pressure at less than or equal to the specification pressure.                         
                      The Examiner relies on the following prior art references as evidence                  
                of unpatentability:                                                                          
                Yamashita   US 6,182,717 B1   Feb. 6, 2001                                                   
                Starner   US 6,386,272 B1   May 14, 2002                                                     
                      The rejections as presented by the Examiner are as follows:                            
                   1. Claims 13 and 24 are rejected under 35 U.S.C. § 102(e) as being                        
                      unpatentable over Yamashita.                                                           

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