Ex Parte Mardilovich et al - Page 7

               Appeal 2007-3580                                                                            
               Application 10/359,976                                                                      
                      We have considered all of Appellants’ arguments and find them                        
               unpersuasive for the reasons below.                                                         
                      Carlstrom, Jr. discloses that it is known to control pressure oscillations           
               of the fuel and oxidant streams in either an “in-phase” or an “out-of-phase”                
               pattern with one another (Carlstrom, Jr., col. 10, ll. 50-61; Figures 13-15).               
               Carlstrom, Jr. further discloses that oscillation of the fuel and oxidant                   
               streams may be in a sinusoidal pattern, a “sporadic” or “non-repeating”                     
               pattern (i.e., irregular) or a periodic, intermittent, spiked, and/or random                
               pattern (Carlstrom, Jr., col. 11, ll. 5-15).                                                
                      Chow discloses that reversing the direction of the fuel and oxidant                  
               streams are done periodically (Chow, col. 3, ll. 54-56; col. 4, ll. 16).                    
                      Plainly, Carlstrom discloses that oscillations of the fuel and oxidant               
               streams in a fuel cell may be controlled with the patterns as claimed in                    
               Appellants’ claims 5 and 8-9.  Regarding claim 10, we agree with the                        
               Examiner that Carlstrom, Jr.’s disclosure at column 11, lines 5-15 noted                    
               above would reasonably have suggested a polygonal-wave pattern (Answer                      
               11-12).                                                                                     
                      We are unpersuaded by Appellants’ arguments that Carlstrom, Jr.’s                    
               disclosure regarding the control of the fuel cell is only applicable to pressure            
               oscillations (Reply Br. 4-6).  Rather, Carlstrom, Jr.’s and Chow’s                          
               disclosures, as a whole, would have suggested to one of ordinary skill in the               
               art that Carlstrom, Jr.,’s various oscillation patterns would apply to any                  
               oscillations of the fuel and oxidant streams including oscillation of the flow              
               direction (i.e., flow reversals).  Chow’s disclosure to “periodically” oscillate            
               the flow reversal pattern (Chow, col. 3, ll. 54-56; col. 4, ll. 16), one of the             
               patterns disclosed by Carlstrom, Jr., further supports such a determination.                

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