Ex Parte BERLUREAU et al - Page 1




          The opinion in support of the decision being entered today was not          
          written for publication and is not binding precedent of the Board.          
                                                            Paper No. 17              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                             Ex parte THIERRY BERLUREAU                               
                                          and                                         
                                   JEAN-LOUIS LISKA                                   
                                     __________                                       
                                Appeal No. 2002-0262                                  
                             Application No. 09/127,785                               
                                     ___________                                      
                                      ON BRIEF                                        
                                     ___________                                      

          Before GARRIS, OWENS, and MOORE, Administrative Patent Judges.              
          MOORE, Administrative Patent Judge.                                         
                                  DECISION ON APPEAL                                  
               This is an appeal under 35 U.S.C. § 134 from the final                 
          rejection of claims 1-8, which are all of the claims pending in             
          this appeal.                                                                
                                REPRESENTATIVE CLAIMS                                 
               Claims 1, 2, 3 and 8 are representative, and read as follows:          
               1. An industrial vented cell storage battery comprising:               
               an electrode package including at least one positive                   
          electrode containing nickel hydroxide, one negative electrode, and          
          one hydrophilic and gas-permeable separator,                                
                                                                                     
          1 We note that a request for oral hearing was filed 7/12/2001.  As we are   
          convinced based upon the briefs and answer to reverse the rejection, an oral
          hearing is unnecessary to reach resolution of the disputed issues.          





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