Appeal No. 1998-2190
Application No. 08/593,266
consisting of indium sulfate, indium sulfamate and indium chloride
(see claim 54).
We determine that Tada discloses use of non-amalgamated zinc
or zinc alloy powder as an anode active substance “whose surface is
coated with indium” (col. 2, ll. 25-31; col. 3, ll. 40-69). We
further determine that Tada discloses that the anode is prepared by
gelling the electrolytic solution with polyacrylic acid, the
solution containing zinc oxide and aqueous potassium hydroxide,
with the zinc alloy or zinc powder dispersed in the resulting gel
(col. 4, ll. 7-12). Accordingly, the electrolyte of Tada contains
dispersed zinc or zinc alloy powder with indium adhered to the
surface thereof (see col. 3, ll. 50-63). Thus Tada describes all
of the limitations of claim 54 on appeal. Therefore we determine
that the examiner has established a prima facie case of obviousness
for the subject matter of the second embodiment, as found in claim
54, in view of the reference evidence to Tada. See In re
Fracalossi, 681 F.2d 792, 794, 215 USPQ 569, 571 (CCPA 1982)(The
lack of novelty is the ultimate or epitome of obviousness).
We also note that the examiner has cited Kawakami as evidence
of the use of indate ion in the electrolyte of zinc-alkali storage
batteries to improve the storage performance for a long duration of
time (abstract; col. 1, ll. 1-15; ll. 49-53; l. 73-col. 2, l. 6).
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