Appeal No. 1998-2190
Application No. 08/593,266
matter of the first embodiment as recited in claims 60, 62, 63, 65,
69, 71, 72, 75-77, and 81, in view of the reference evidence.6
Appellants argue that Tada does not disclose or suggest a
negative electrode having an active material comprised of
mercuryless zinc powder, as recited in claims 54, 60, 66 and 69,
nor disclose a negative electrode containing the claimed indium
compounds as recited in claims 60 and 69 (Brief, page 14).
Contrary to appellants’ arguments, as discussed above, Tada does
disclose and suggest the use of mercuryless zinc powder (and zinc
alloy powders which are included in the scope of claim 60) as
active materials in a negative electrode, as well a negative
electrode containing indium sulfate (see col. 3, ll. 50-63; col. 4,
l. 11-12 and 40-69).
B. The Electrolyte containing Indium Embodiment
Appellants’ second embodiment is found in the subject matter
of claims 54-56, 58, 66-68, 73, 74 and 78-80, which recites that
the alkaline primary battery without mercury has an electrolyte
containing one or more indium compounds selected from the group
6A discussion of Kawakami, Lee and Julian is unnecessary to
our decision for the subject matter recited in claim 60 and
dependent claims.
6
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