Ex Parte Nemoto et al - Page 2

                Appeal 2007- 3662                                                                            
                Application 09/997,604                                                                       
                                            I.  BACKGROUND                                                   
                      The invention relates to the production of lithium secondary batteries.                
                Claim 17 is illustrative of the subject matter on appeal:                                    
                      17.  A method of making a lithium secondary battery having low                         
                internal resistance, comprising:                                                             
                      welding a plurality of current collecting portions directly to a positive              
                electrode, said positive electrode comprising a positive electrode active                    
                material formed by a process comprising:                                                     
                                   forming a raw material mixture comprising positive                        
                            electrode precursor material, said raw material mixture                          
                            comprising Li and Mn; and                                                        
                            heating said raw material mixture to a temperature and                           
                            for a time which is effective to convert said raw material                       
                            mixture into a positive electrode active material having a cubic                 
                            spinel structure, primary particles of the positive electrode                    
                            active material having a substantially octahedral shape                          
                            constituted mainly by flat crystal faces, said primary particles                 
                            including particles having at least one side of each flat crystal                
                            face of length of 1 µm or more;                                                  
                      said battery having a capacity of 2 Ah or more.                                        

                      The Examiner relies on the following prior art references to show                      
                unpatentability:                                                                             
                Okada1  JP 08-217452            Aug. 27, 1996                                                
                Zhong  US 5,700,597   Dec. 23, 1997                                                          
                Watanabe  US 6,106,975   Aug. 22, 2000                                                       
                Zhong  US 5,631,104   May 20, 1997                                                           
                Manev  US 5,961,949   Oct. 5, 1999                                                           
                                                                                                            
                1 With regard to Okada, we have considered both the machine translation                      
                and the translation provided by Schreiber Translations, Inc.  We cite to the                 
                Schreiber translation in the following discussion.                                           
                                                     2                                                       

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