Appeal No. 2002-0262
Application No. 09/127,785
The Invention
The invention relates to an industrial vented storage battery
which includes a container and an electrode package. A space is
formed between the base of the electrode package and the bottom of
the container. Separator extensions are dipped into electrolyte
contained within the space. (Appeal Brief, page 2, lines 5-17).
I. The Rejection of Claims 1, 2, and 4-8 under 35 U.S.C. §
103(a) as being unpatentable over Sanchez in view of Kadouchi.
The examiner has found that Sanchez teaches an
electrochemical cell having a container and a stack with pairs of
positive and negative electrodes and a separator impregnated with
alkaline electrolyte. A recombination electrode is placed at one
end in a space. (Examiner’s Answer, page 3, lines 15-20). The
examiner states that Sanchez does not disclose the electrode
package structure. (Examiner’s Answer, page 4, lines 12-13).
The examiner has further found that Kadouchi discloses a
three-dimensional negative electrode and Figure 1B specifically
shows a battery having a space between the bottom of the container
and the electrode lower end where the separator has an extension.
(Examiner’s Answer, page 4, line 16 - page 5, line 4).
The examiner thus concludes that it would have been obvious
to one skilled in the art at the time the invention was made to
incorporate the Kadouchi electrode into the Sanchez battery to
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