Ex Parte Che et al - Page 2



         Appeal No.  2005-0178                                                      
         Application No. 10/091,502                                                 
              an organic electrolyte containing a lithium salt,                     
              wherein the negative electrode has a density of from 0.6 to           
         1.2 g/cm3.                                                                 
         11.  A secondary power source, which comprises a positive                  
         electrode containing activated carbon, a negative electrode                
         containing a carbon material capable of doping and undoping                
         lithium ions, and an organic electrolyte containing a lithium              
         salt, wherein the negative electrode has a density of from 0.7 to          
         1.0 g/cm3.                                                                 

              The examiner relies upon the following references as                  
         evidence of unpatentability:                                               
         Kuruma (Japanese Patent)1          JP 2000-090972 Mar.  31, 2000           
         Nishimura                        6,103,373      Aug. 15, 2000            
         Tsushima et al. (Tsushima ‘292)    6,294,292      Sept. 25, 2001           
         Honbo et al. (Honbo)              6,399,251      June   4, 2002           
         Tsushima (Tsushima ‘846)           6,558,846      May    6, 2003           
              The examiner has entered the following rejections:                    
         I. Claims 1, 2, 5-8, 11, 12, 15 and 16 stand rejected under 35             
              U.S.C. § 103 as being obvious over Kuruma in view of Honbo.           
                                                                                   
         II. Claims 3, 4, 9, 10, 13, and 14 stand rejected under 35                 
              U.S.C. § 103 as being obvious over Kuruma in view of Honbo,           
              and further in view of Nishimura.                                     
         III. Claims 11 and 12 stand rejected under the judicially created          
              doctrine of obviousness-type patenting as being unpatentable          
              over claims 1, 3, 7 and 15 of U.S. Patent 6,294,292 in view           
                                                                                    
         1 We rely upon, and cite from, a computer translation of this document     
         into English, previously made of record.                                   
                                        -2-                                         




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