Appeal No. 95-5066
Serial No. 07/931,330
element (by sintering, gluing, etc.)" (column 3, lines 3-13). Thus, Dubuisson does not appear to
suggest forming a huge laminate, e.g. with X-Y planar dimensions of one or more meters.
Since, on this record, the examiner has not provided factual evidence sufficient to support his
position, we reverse the rejection. A conclusion of obviousness must be based on evidence, not
unsupported arguments.
2. Rejection of claims 1-2 as unpatentable over Kaun
Kaun describes electrochemical devices, e.g., batteries, capacitors and fuel cells,
comprising a plurality of cells, wherein each individual cell includes a
laminate cell preassembly comprised of alternatively arranged generally parallel positive
and negative electrodes, and a separator and/or electrolyte formed of a very thin ionic-
conductive ribbon-like layer configured in a tight serpentine manner and physically
interposed between the electrodes. This basic laminate cell preassembly is layered on
itself, such as by winding or coiling it as a spiral to
form a laminate cell membrane, in the general shape of a flat disc and the cell membrane
is sandwiched between plate-like current collectors with the electrode interfaces
primarily perpendicular to the current collectors, to make up an electrochemical cell.
(column 3, lines 36-48)
The component materials for the electrodes, separator and/or electrolyte may be (a) in a flexible form
which is extruded and wound as thin ribbons, (b) in liquid or powder form which can be mixed with a
binder/solvent system to be extruded, tape cast or stencilled, or (c) applied directly by plasma
sputtering, for forming the intended ceramic and/or metallic layers (column 8, lines 9-29). Example 2
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