Ex Parte Lee et al

Board of Patent Appeals and Interferences

Jun 26, 2012

11046131 (B.P.A.I. Jun. 26, 2012)

UNITED STATES PATENT AND TRADEMARK OFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
11/046,131 01/27/2005 Dong-Hun Lee 53928/P849 2683
23363 7590 06/26/2012
CHRISTIE, PARKER & HALE, LLP
PO BOX 29001
Glendale, CA 91209-9001
EXAMINER
BEST, ZACHARY P
ART UNIT PAPER NUMBER
1727
MAIL DATE DELIVERY MODE
06/26/2012 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)

UNITED STATES PATENT AND TRADEMARK OFFICE
_________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________

Ex parte DONG-HUN LEE,
KYU-NAM HAN,
and HO-JIN KWEON
__________

Appeal 2010-006561
Application 11/046,131
Technology Center 1700
___________

Before ADRIENE LEPIANE HANLON, CHUNG K. PAK, and
JEFFREY T. SMITH, Administrative Patent Judges.

HANLON, Administrative Patent Judge.

DECISION ON APPEAL

Appeal 2010-006561
Application 11/046,131

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A. STATEMENT OF THE CASE
This is a decision on appeal under 35 U.S.C. § 134 from an Examiner’s
decision finally rejecting claims 12-17, 19, 20, and 22-24, which are all of the
pending claims. We have jurisdiction under 35 U.S.C. § 6(b).
We REVERSE.
The subject matter on appeal is directed to a fuel cell system. Claim 12, the
sole independent claim, is illustrative of the subject matter on appeal.
12. A fuel cell system comprising:
at least one electricity generating unit adapted to generate
electric energy through an electro-chemical reaction between
hydrogen and oxygen;
a reformer adapted to reform fuel and produce hydrogen to the
electricity generating unit;
a fuel supply apparatus comprising an absorber adapted to
absorb a liquid fuel and supply the fuel to the reformer, wherein the
absorber comprises at least one capillary channel defining a pathway
that is first gradually reduced in cross-sectional area from an inlet,
and then gradually enlarged in cross-sectional area toward an outlet;
and
an oxygen supply source adapted to supply the oxygen to the
electricity generating unit.
App. Br., Claims Appendix (emphasis added).1
The following rejections are before us on appeal:
(1) the rejection of claims 12, 13, 16, 17, 19, 20, and 22 under 35 U.S.C.
§ 103(a) as unpatentable over the combination of Miyoshi2 and Sang3;

1 Appeal Brief dated September 21, 2009.
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(2) the rejection of claims 14, 15, and 24 under 35 U.S.C. § 103(a) as
unpatentable over the combination of Miyoshi, Sang, and Hirakata4; and
(3) the rejection of claim 23 under 35 U.S.C. § 103(a) as unpatentable
over the combination of Miyoshi, Sang, and Sommer.5
B. DISCUSSION
The Examiner finds Miyoshi discloses a fuel cell system including an
evaporator which comprises an absorber or wick 12. Ans. 4.6 The wick is capable
of transporting liquids by capillary force and can be made of woven fabric, non-
woven fabric, or porous plates. Miyoshi, paras. [0009], [0017]. The Examiner
finds Miyoshi does not teach that the absorber or wick comprises “at least one
capillary channel defining a pathway that is first gradually reduced in cross-
sectional area from an inlet and then gradually enlarged in cross-sectional area
toward an outlet” as recited in claim 12. Ans. 4. Instead, the Examiner finds the
absorber defines a linear pathway. Ans. 7.
The Examiner finds Sang discloses a flow body for use in fuel cell
applications comprising a channel defining a pathway as recited in claim 12. Ans.
4. Sang discloses the flow body is suitable for producing laval nozzles or venturi-
like nozzles. Sang, para. [0016]. The Examiner concludes it would have been

2 JP 2001-64658 published March 13, 2001. In this Decision on Appeal, we rely
on and cite to the English translation dated November 13, 2009, as evidence of the
Miyoshi disclosure.
3 US 2001/0055709 A1 published December 27, 2001.
4 US 2003/0134167 A1 published July 17, 2003.
5 WO 2004/007356 A2 published January 22, 2004. The Examiner relies on US
7,374,591 B2 issued May 20, 2008, as evidence of the disclosure of the WO
publication.
6 Examiner’s Answer dated December 16, 2009.
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obvious to one of ordinary skill in the art “to create the fuel cell system of Miyoshi
et al. having the channel of Sang . . . so that the pressure is maintained and fluid
mass flow can be manipulated.” Ans. 4.
The Appellants argue “Sang never teaches or suggests that a ‘flow body’ is a
capillary channel and never teaches that a ‘flow body’ acts via capillary action.”
App. Br. 4. In other words, the Appellants argue:
While Sang may teach a convergent - divergent flow path, and
Miyoshi et al. may teach a wick inserted in a tube, where the wick
utilizes capillary action, neither of the references teach or suggest that
the convergent - divergent flow path is defined by the absorber.
Reply Br. 2.7
The Appellants’ argument is supported by the record. Miyoshi describes the
operation of the evaporator as follows: Liquid is supplied to the double-sided wick
12 and is heated. When the liquid reaches its boiling point, evaporation occurs and
the vapor escapes the wick 12. The emerging vapor gathers in the central vapor
flow path 6 and flows out of the evaporator via mist capturing material 9. Miyoshi,
para. [0022]. The evaporated fuel is then sent to a reformer. Miyoshi, para.
[0004].
We understand the Examiner to be modifying the linear pathway of
Miyoshi’s absorber or wick 12 with the convergent - divergent pathway disclosed
in Sang. However, the Examiner has not directed us to any evidence establishing
that the pathway disclosed in Sang would have been useful for evaporating a liquid
fuel in the evaporator of Miyoshi. Moreover, the Examiner has not directed us to
any evidence establishing that flow from the divergent outlet described in Sang

7 Reply Brief dated February 16, 2010.
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would have been desirable in the evaporator of Miyoshi. In this regard, we note
that vapor in the central vapor flow path 6 flows out of Miyoshi’s evaporator via
mist capturing material 9 which is similar to the disclosed porous wick material.
Miyoshi, para. [0021].
The Examiner does not rely on Hirakata or Sommer to cure these
deficiencies. Therefore, the § 103(a) rejections are reversed.
C. DECISION
The decision of the Examiner is reversed.

REVERSED

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