Ex Parte Mitlitsky - Page 4

                Appeal 2007-2584                                                                             
                Application 10/248,472                                                                       
                hydrogen gas is then transported via gas supply line 6 to hydrogen storage                   
                tank 4 (Yamashita, col. 3, ll. 56-67, col. 4, ll. 1-5).  In the hydrogen storage             
                tank 4, the hydrogen is exothermically absorbed by the metal hydride and                     
                the heat generated by the absorption of the hydrogen gas into the metal                      
                hydride is used to heat the metal hydride in hydrogen supply tank 2 to                       
                release the hydrogen from the metal hydride (Yamashita, col. 4, ll. 6-54).                   
                Yamashita is silent regarding filling the tank to the specification pressure1                
                and maximum volume (claim 13), or cooling the hydrogen gas prior to                          
                entering the storage vessel (claim 24).                                                      
                      From the above disclosures, it is clear that Yamashita does not store                  
                hydrogen gas in the gaseous form as Appellant discloses and claims.  Rather,                 
                Yamashita only discloses storing hydrogen gas in solid metal hydride form.                   
                Yamashita’s disclosure is only concerned with absorbing or releasing                         
                hydrogen gas from the metal hydride. Yamashita does not disclose                             
                “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” as recited              
                in claim 13.  Moreover, Yamashita does not disclose “cooling the hydrogen                    
                gas prior to entering the hydrogen gas vessel” as recited in claim 24.                       
                      A claim is anticipated only if each and every element as set forth in                  
                the claim is found, either expressly or inherently described, in a single prior              
                art reference.  Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d 628,                
                631, 2 USPQ2d 1051, 1053 (Fed. Cir. 1987).                                                   

                                                                                                            
                1 We construe “specification pressure,” as recited in the claims, to mean the                
                maximum rated pressure of the vessel.                                                        

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