Ex Parte Feil et al - Page 2

                Appeal 2006-2692                                                                                   
                Application 10/480,360                                                                             

                       Claim 1 illustrates Appellants’ invention of a method for                                   
                manufacturing a lithium battery comprising a stack of a negative electrode, a                      
                separator, and a positive electrode.                                                               
                       1.  A method of manufacturing a lithium battery comprising a stack of                       
                a negative electrode, a separator, and a positive electrode, which method                          
                comprises applying negative electrode material on a negative current                               
                collector so as to form the negative electrode, applying positive electrode                        
                material on a positive current collector so as to form the positive electrode,                     
                and arranging a separator between the negative electrode and the positive                          
                electrode, and which method further comprises:                                                     
                       a)  producing a pattern of holes in the negative electrode;                                 
                       b)  producing a pattern of holes in the positive electrode;                                 
                       c)  applying a polymeric material on at least one side of the                               
                stack; and                                                                                         
                       d)  subjecting the polymeric material to heat and pressure, so                              
                that the polymeric material penetrates the holes, whereby the negative                             
                electrode, the positive electrode and the separator are stuck and pressed                          
                together, characterized in that the polymeric material comprises a polymer                         
                having a melt flow index of at least 0.5g/10 min. at 190ēC.                                        
                       The Examiner relies on the evidence in this reference:                                      
                Hikmet          WO 00/04601 A1    Jan. 27, 2000                                                    
                       The Examiner applies Hikmet (WO 00/04601, Jan. 27, 2000) to claim                           
                1 and other claims under 35 U.S.C. § 102(b), and further applies Hikmet to                         
                yet other claims under 35 U.S.C. § 103(a) on the essentially the same                              
                teachings, the two grounds of rejection submitted for review on appeal by                          
                Appellants (Answer 3-5; Br. 8).                                                                    
                       The grounds of rejection turn on the fact issue whether Hikmet would                        
                have disclosed to one of ordinary skill in the art “polymeric material [which]                     



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