Ex parte KUBO et al. - Page 5




                 Appeal No. 2000-1564                                                                                                                   
                 Application 08/924,307                                                                                                                 


                 separator paper requires a reduced number of laminates of                                                                              
                 separator paper, thereby increasing the battery capacity                                                                               
                 (pages 9 and 28).                                                                                                                      
                          In response to the appellants’ argument that there is no                                                                      
                 suggestion in the references to form integrally laminated                                                                              
                 layers such that the layers contain both cellulosic fibers and                                                                         
                 synthetic fibers and have different characteristics (brief,                                                                            
                 page 6), the examiner points out that Mizutani discloses                                                                               
                 integrally laminating a cellulosic fiber layer and a synthetic                                                                         
                 fiber layer and that JP ‘049 discloses mixing cellulosic                                                                               
                 fibers and synthetic fibers in a single layer and discloses                                                                            
                 laminating multiple layers (answer, page 7).   One of ordinary                 3                                                       
                 skill in the art, the examiner argues, would have varied the                                                                           
                 values of the properties of the layers, such as airtightness,                                                                          
                 liquid impregnate ratio and beating degree, depending on the                                                                           
                 type and application of the battery (answer, page 6).                                                                                  
                          In order for a prima facie case of obviousness to be                                                                          
                 established, the teachings from the prior art itself must                                                                              

                          3This page number is based upon a renumbering of the                                                                          
                 pages consecutively from 1 to 11.  In the file, the fourth                                                                             
                 page of the examiner’s answer is erroneously numbered as page                                                                          
                 2 and at that point the page numbering is restarted.                                                                                   
                                                                         -5-5                                                                           





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