Ex Parte Nemoto et al - Page 10

                Appeal 2007- 3662                                                                            
                Application 09/997,604                                                                       
                the metal substituted lithium manganese oxide Appellants exemplify in the                    
                Specification.  The evidence tends to show that no more than routine                         
                experimentation was required of one of ordinary skill in the art of lithium                  
                secondary battery production, and the Examiner has not sufficiently rebutted                 
                that evidence.                                                                               

                                            III. CONCLUSION                                                  
                      We sustain the rejection of claims 11-14, 16-21, 23, and 24 under 35                   
                U.S.C. § 103(a), but we do not sustain the rejection of claims 11-14, 16-21,                 
                23, and 24 under 35 U.S.C. § 112, ¶ 1.                                                       

                                              IV. DECISION                                                   
                      The decision of the Examiner is affirmed.                                              

                                   V.  TIME PERIOD FOR RESPONSE                                              
                      No time period for taking any subsequent action in connection with                     
                this appeal maybe extended under 37 C.F.R. § 1.136(a)(1)(iv).                                

                                                AFFIRMED                                                     











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