Appeal No. 1998-2190
Application No. 08/593,266
teaching or disclosure of an anode active material containing
mercuryless zinc. The examiner has relied upon Kawakami for the
teaching of the use of indate ion in the electrolyte solution to
provide beneficial results for a zinc-alkaline battery (Answer,
page 5). Obviousness is tested by what the combined teachings of
the references would have suggested to one of ordinary skill in the
art, not what the individual references contain or fail to
disclose. See In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881
(CCPA 1981).
The examiner has cited Lee to show zinc-alkaline cells with
manganese dioxide or silver oxide cathodes and an electrolyte
containing potassium hydroxide or sodium hydroxide with dissolved
zinc oxide, where the additive material can be dissolved in the
electrolyte or incorporated in the zinc anode (Answer, page 5).
The examiner cites Julian merely for the well known application of
zinc-alkaline batteries as power sources for electronic devices
(id.). We find no reversible error in the examiner’s findings and
application of these references.
Appellants argue that Julian does not disclose an electronic
apparatus in combination with an alkaline primary battery without
mercury containing a negative electrode comprised of mercuryless
zinc (Brief, page 17). Again, this argument is not well taken
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