Ex Parte Suzuki et al - Page 4

               Appeal 2007-1024                                                                       
               Application 10/231,144                                                                 
                    Does the prior art teach a non-aqueous electrolyte secondary                      
                    battery having a positive electrode material layer formed with a                  
                    mixture of binders, where the binders have contact angles                         
                    differing by more than 15o?                                                       

                    Does the prior art teach a non-aqueous electrolyte battery                        
                    having the claimed combination of binders such that a                             
                    conductive agent contained in the positive electrode material                     
                    layer forms agglomerated particles having a particle size of less                 
                    than 10 μm?                                                                       

                                        FINDINGS OF FACT                                              
                    A.     Applicant’s ‘144 Specification and Claims                                  
               1)   Applicant’s claims on appeal are directed to a non-aqueous electrolyte            
               secondary battery where battery contains a positive electrode material layer           
               formed of a paste comprising a positive electrode active material, a                   
               conductive agent, a first binder A and a second binder B.  (Appeal Br.                 
               Independent claim 17).                                                                 

               2)   Applicant’s claims require that the first and second binder materials             
               have contact angles between the binder and the non-aqueous electrolyte that            
               differ by 15o or more.  (Id.).                                                         

               3)   Applicant claim 13, depends from independent claim 17, and states                 
               that binder A is selected from the group consisting of polyvinylidene                  
               fluoride, modified polyvinylidene fluoride and polytetrafluoroethylene.                
               (Appeal Br., Claims Appendix, and also Specification 6).                               




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