Ex Parte KAMADA et al - Page 5



          Appeal No. 2000-0307                                                        
          Application No. 08/859,430                                                  

          results.  In particular, not only is there no data of record                
          comparing negative electrode plates comprising graphite powder              
          with negative electrode plates comprising either graphite fibers            
          or whiskers in accordance with Pitts and Hohjo, respectively, but           
          we find no disclosure in the present specification which attaches           
          criticality to the powder form of graphite utilized, at least as            
          opposed to the fiber and whisker forms.                                     
               In conclusion, based on the foregoing and the reasons well-            
          stated by the examiner, the examiner's decision rejecting the               
          appealed claims is affirmed.                                                
               No time period for taking any subsequent action in                     
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
                                      AFFIRMED                                        

                         EDWARD C. KIMLIN              )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                         THOMAS A. WALTZ               ) BOARD OF PATENT              
                         Administrative Patent Judge   )   APPEALS AND                
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                         LINDA R. POTEATE              )                              
                         Administrative Patent Judge   )                              
          ECK:clm                                                                     
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