Ex parte NODA et al. - Page 9




          Appeal No. 1996-2758                                                        
          Application No. 08/103,792                                                  


               Appellants also argue that Horiba would not have                       
          suggested the claimed molar ratio of a quaternary ammonium ion              
          to an aluminum halide.  See Brief, page 8 and Reply Brief,                  
          page 7.  We disagree.  As indicated supra, Horiba teaches                   
          using an electrolyte containing amounts of a quaternary                     
          ammonium ion and an aluminum halide, which can be dissolved in              
          an organic solvent, such as 1, 2-dichloroethane, and can be                 
          useful for improving the conductivity characteristic to an                  
          electrode used in a secondary battery cell.  Implicit in this               
          teaching is that the amounts of a quaternary ammonium ion and               
          an aluminum halide employed must be sufficient to impart the                
          desired dissolution and conductivity characteristics.  In                   
          other words, Horiba establishes that the amounts of a                       
          quaternary ammonium ion and an aluminum halide ion employed                 
          are result effective parameters in the secondary battery cell               
          art.  Therefore, the determination of workable or even optimum              
          values for these parameters would have been obvious to one of               
          ordinary skill in the art.  In re Woodruff, 919 F.2d 1575,                  
          1578, 16 USPQ2d 1934, 1936-37 (Fed. Cir. 1990); In re Boesch,               
          617 F.2d 272, 276, 205 USPQ 215, 219 (CCPA 1980).                           


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