Ex parte BATES - Page 2




                 Appeal No. 1997-2444                                                                                                                   
                 Application 08/248,941                                                                                                                 


                                   This is a decision on appeal from the examiner's                                                                     
                 final rejection of claims 20-22, which are all of the claims                                                                           
                 pending in this application.                                                                                                           


                                                                   BACKGROUND                                                                           
                                   Appellant’s  invention relates to a cathode for a1                                                                                                
                 thin film electrochemical cell.  An understanding of the                                                                               
                 invention  can be derived from a reading of exemplary claim                                                                            
                 20, which is reproduced below.                                                                                                         
                                   20.  A cathode for a thin-film electrochemical cell                                                                  
                 comprising an amorphous metal-oxide layer having a submicron                                                                           
                 microstructure.                                                                                                                        
                                   The prior art reference of record relied upon by the                                                                 
                 examiner in rejecting the appealed claims is:                                                                                          
                 Higashimoto              JP 4-206352             July 28, 19922                                                                                                                  
                 (Japanese Kokai Patent Application)                                                                                                    
                                   Appellant relies on additional references (See                                                                       
                 brief,                                                                                                                                 

                          1A requested change of inventorship for this application                                                                      
                 was approved by the examiner.  See Paper No. 12, page 2, and                                                                           
                 Paper No. 11.  However, the appropriate clerical entries to                                                                            
                 the record noting the changed inventorship have not, as yet,                                                                           
                 been made.                                                                                                                             
                          2Our reference to Higashimoto is to the English language                                                                      
                 translation of record.                                                                                                                 
                                                                           2                                                                            





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