Ex parte FURUKAWA et al. - Page 3




          Appeal No. 1996-2805                                                        
          Application No. 08/103,055                                                  


          as unpatentable over Hayashi.                                               
               We cannot sustain the stated rejection.                                
               The subject matter on appeal is directed to a secondary                
          cell which utilizes a negative electrode which is not made of               
          lithium.  As set forth in appealed claim 11, appellants'                    
          negative electrode is composed of a carbon material obtained                
          by carbonizing a natural polymer at a temperature of from                   
          500EC to a 1000EC and having a crystallite size LC of 10D or                
          less when analyzed by   x-ray diffraction.  As clearly set                  
          forth in each of the appealed claims, appellants' negative                  
          electrode is formed from materials "other than lithium metal."              
          More particularly, appellants have allegedly discovered that                
          the attainment of a desired crystal thickness for their                     
          claimed carbonized carbon negative electrode prevents                       
          undesired side reactions (apparently typical for prior art                  
          lithium secondary cells) which can lead to decomposition of                 
          the electrolytic solution in the cell.  Thus, appellants'                   
          claimed secondary cell is said to enjoy very high                           
          charge/discharge efficiencies as contrasted to secondary cells              
          which use lithium for the negative electrode which suffer from              
          the disadvantage of inferior charge/discharge cycle                         
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