Ex Parte Schubert et al - Page 3

               Appeal 2007-2550                                                                           
               Application 10/321,182                                                                     
                     The rejections as presented by the Examiner are as follows:                          
                  1. Claims 38-41 are rejected under 35 U.S.C. § 102(e) as being                          
                     unpatentable over Kucherovsky.                                                       
                  2. Claims 87-90 are rejected under 35 U.S.C. § 103(a) as being                          
                     unpatentable over Kucherovsky in view of Lake.                                       
                  3. Claim 91 is rejected under 35 U.S.C. § 103(a) as being unpatentable                  
                     over Kucherovsky in view of Fujita.                                                  
                     Appellants separately argue claims 38, 40, and 91.  Accordingly,                     
               claims 39, 41, and 90, which depend from claim 38, stand or fall with claim                
               38.  Claims 87-89, which depend from claim 40, stand or fall with claim 40.                

                                                OPINION                                                   
               35 U.S.C. § 102(e) REJECTION OVER KUCHEROVSKY                                              

               INDEPENDENT CLAIM 38                                                                       
                     Appellants argue that Kucherovsky fails to disclose positioning an end               
               of the internal current collector and an end of the external terminal within               
               the seal junction that forms the seal area (Br. 7).  Appellants argue that                 
               Kucherovsky discloses that electrical contacts 50, 52 (i.e., external                      
               terminals) are located substantially inward from the outer edge of the layers              
               22 and 24 such that electrical contacts 50, 52 (i.e., external terminals) form a           
               continuous metal surface extending through the area where layers 22 and 24                 
               are sealed together (Br. 7).                                                               
                     We have considered Appellants’ arguments and are unpersuaded for                     
               the reasons below.                                                                         
                     Kucherovsky discloses, in relevant part, a flexible battery having an                
               anode current collector 28 and a cathode current collector 26 (i.e., internal              

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