Ex Parte BERLUREAU et al - Page 2




          Appeal No. 2002-0262                                                        
          Application No. 09/127,785                                                  
               wherein the separator has an extension, which extends beyond           
          said electrode package and is in contact with the electrolyte               
          contained in a space between the base of said electrode package             
          and the bottom of said container2 adapted to contain at least part          
          of an excess quantity of alkaline electrolyte, for irrigating the           
          electrode package by capillary action of the alkaline electrolyte;          
          and                                                                         
               said electrode package includes an oxygen recombination                
          device.                                                                     
               2.  The storage battery claimed in claim 1 wherein said                
          quantity of electrolyte is at least equal to 120% of the quantity           
          of electrolyte contained in the total pore volume of said                   
          electrodes, said separator and said device.                                 
               3.  The storage battery claimed in claim 1 wherein said                
          negative electrodes have a total capacity in the range [of] 100%            
          to 150% of the total capacity of said positive electrodes.                  
               8.  The storage battery claimed in claim 1 where the space             
          occupies a height equal to 10% of the height of the positive and            
          negative electrodes.                                                        
                                    The References                                    
               In rejecting the claims under 35 U.S.C. § 103(a), the                  
          examiner relies upon the following references:                              
          Cooper et al. (Cooper)        4,436,795           Mar. 13, 1984             
          Kadouchi et al. (Kadouchi)    4,977,043           Dec. 11, 1990             
          Sanchez et al. (Sanchez)      5,576,116           Nov. 19, 1996             
                                    The Rejections                                    
               Claims 1, 2, and 4-8 stand rejected under 35 U.S.C. § 103(a)           
          as being unpatentable over Sanchez in view of Kadouchi.                     
               Claims 1 and 3 stand rejected under 35 U.S.C. §103(a) as               
          being unpatentable over Cooper.                                             
                                                                                     
          2 This term appears to lack appropriate antecedent basis.                   
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