Ex Parte LEYDE et al - Page 10




          Appeal No. 2001-2340                                                        
          Application No. 09/141,707                                                  


          cell and the main battery cell are lithium manganese dioxide                
          battery cells.  These claims were not separately argued by                  
          appellants and they are considered unpatentable because utilizing           
          cells that are rechargeable or made of lithium manganese dioxide            
          would have been a matter of design choice and obvious to one of             
          ordinary skill in the art at the time the invention was made.               
                      Summary                                                         
          No time period for taking any subsequent action in                          
          connection with this appeal may be extended under 37 CFR                    
          § 1.136(a).                                                                 
          REVERSED - § 1.196(b)                                                       


                    STANELY M. URYNOWICZ JR.      )                                   
                    Administrative Patent Judge        )                              
                         )                                                            
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                         )                                                            
                    JERRY SMITH                     )BOARD OF PATENT                  
                    Administrative Patent Judge        ) APPEALS AND                  
                         )INTERFERENCES                                               
                         )                                                            
                         )                                                            
                         )                                                            
                    ANITA PELLMAN GROSS      )                                        
                    Administrative Patent Judge        )                              



          SU/RWK                                                                      
          -10-                                                                        





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