Appeal No. 1998-2190
Application No. 08/593,266
Accordingly, we determine that Kawakami discloses further evidence
of the beneficial results achieved during storage by the use of
indium compounds such as indium sulfate in the electrolyte solution
(see Tada, col. 1, ll. 15-17).
Appellants argue that Tada fails to disclose or suggest an
electrolyte containing the claimed indium compounds as recited in
claims 54 and 66 (Brief, page 14). Appellants’ argument is not
well taken for reasons stated above.
Appellants also argue that Kawakami cannot be combined with
Tada since Kawakami is directed to a secondary battery while the
claimed invention requires a primary battery (Brief, pages 15-16;
Reply Brief, pages 4-9). This argument is not persuasive since, as
noted by the examiner (Answer, page 6), the batteries of Kawakami
and Tada are both zinc-alkaline storage batteries that are capable
of being recharged. Furthermore, it is well known that indium can
be added to anodes of both primary and secondary batteries as a
high hydrogen-overvoltage material.7
Appellants’ argument that the battery of Kawakami does not
contain mercuryless zinc (Brief, page 16; Reply Brief, page 8) is
not persuasive. The examiner has not relied upon Kawakami for the
7See Yoshizawa et al. U.S. Patent No. 5,168,018, issued Dec.
1, 1992, of record, at col. 1, ll. 34-36.
8
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