Ex Parte Mardilovich et al - Page 3

               Appeal 2007-3580                                                                            
               Application 10/359,976                                                                      
               availability of fuel at an anode of said fuel cell with an availability of                  
               oxidant at a cathode of said fuel cell.                                                     
                      The Examiner relies on the following prior art references as evidence                
               of unpatentability:                                                                         
               Carlstrom, Jr. US 6,093,502 Jul. 25, 2000                                                   
               Chow US 6,753,106 B2 Jun. 22, 2004                                                          
                      The rejection as presented by the Examiner is as follows:                            
               1. Claims 1-6, 8-11, 55, and 57-59 are rejected under 35 U.S.C. § 103(a)                    
                      as being unpatentable over Carlstrom, Jr. in view of Chow.                           
                      The Examiner finds that Carlstrom, Jr. discloses all that is in                      
               independent claim 1 except for reversing the flows of the oxidant and fuel                  
               (Answer 3).  The Examiner concludes that it would have been obvious to                      
               combine Chow’s disclosure to reverse flow of the fuel and oxidant streams                   
               in Carlstrom, Jr.’s fuel cell to improve water management within the fuel                   
               cell, which Chow discloses as a benefit resulting from reversing the flows of               
               the oxidant and fuel (Answer 4).                                                            
                      Appellants separately argue independent claim 1, and dependent                       
               claims 5, 8, 9, 10, and 55.  Accordingly, non-argued dependent claims 2-4,                  
               6, 11, and 57-59, which directly depend on claim 1, stand or fall with                      
               claim 1.                                                                                    

                                                OPINION                                                    
               INDEPENDENT CLAIM 1                                                                         
                      Appellants argue that the claim features “reversing the flow direction”              
               and “oscillating said streams comprises flowing said fuel stream and said                   
               oxidant stream in a same direction through said fuel cell during a majority of              


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