Ex Parte Sugita - Page 4

         Appeal No. 2004-0949                                                       
         Application No. 09/528,986                                                 


         exterior of the hole, as shown in Figure 14.  The examiner                 
         states that the exterior cover would also prevent leakage of               
         electrolyte, and the cutting device would prevent the direct               
         contact of the electrolyte.                                                
              On page 6 of the brief, appellant states that the examiner            
         refers to Wakabe’s charge-discharge lead 102 and cutting device            
         103, which are located below the gas vent hole V in case cover             
         108.  Appellant states that the charge-discharge lead 102 is               
         designed to be cut by cutting device 103.  Appellant states that           
         the purpose of the cutting device 103 is to interrupt current              
         flow, and not to release gas.  Appellant concludes, therefore,             
         that these elements do not represent a gas release valve as                
         recited in claim 1.                                                        
              Our comments are set forth below.                                     
              Claim 1 requires a sealed battery, comprising:                        
         (1) a generator element that is an electrode group                         
         impregnated with electrolyte; (2) an external casing that                  
         has an opening and encloses the generator element; (3) a                   
         closure cap for sealing the opening, the closure cap having                
         a gas release valve that is formed by covering a gas                       
         release hole in the closure cap with (4) a thin film; and                  
         (5) a shielding member that is located between the thin                    
         film and the generator element to protect the thin film                    
         from the electrolyte so as to secure a gas channel from an                 
         internal space of the external casing to the gas release                   
         hole.                                                                      
         We also note that a claim is anticipated when each and                     
         every element as set forth in the claim is found, either                   
         expressly or inherently described, in a single prior art                   

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