Appeal No. 1998-2558
Application No. 08/744,894
According to the express language of the appealed claims, the
housing has a uniform wall of cross-section thickness less than
0.7 mm
throughout its length and is formed by a process consisting of
extrusion. Further details of this appealed subject matter are
recited in illustrative claim 1 reproduced below:
1. A battery assembly comprising a tubular,
plastic, sleeve-shaped housing having a uniform wall
of cross-section thickness less than 0.7 millimeters
throughout its length and formed by a process
consisting of extrusion; at least one individual self-
contained electrochemical cell positioned within the
housing; said housing wall closely conforming to the
shape and size of and contacting the cell positioned
within the housing; and end caps closing the ends of
said tubular housing, one of said end caps having
terminals for electrical connection to an external
device, wherein said at least one cell within the
housing provides additional strength to the housing.
The examiner relies on the following prior art references
as evidence of unpatentability:
Stutzbach et al. 4,460,663 Jul. 17, 1984
(Stutzbach)
Machida et al. 4,997,731 Mar. 5, 1991
(Machida)
Claims 1 and 3 through 11 on appeal stand rejected under 35
U.S.C. § 103(a) as unpatentable over Machida in view of
Stutzbach. (Examiner’s answer, pages 4-6.)
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