Appeal No. 2002-0262
Application No. 09/127,785
enhance the capacity density of the battery, reduce its mounting
space, and improve its dischargeability and storability
(Examiner’s Answer, page 5, lines 5-9).
The appellants’ principal point on appeal is that claim 1
recites that:
-the separator has an extension which extends beyond the
electrode package, and is in contact with electrolyte contained in
a space between the base of the electrode package and the bottom
of the container; and
-the space is 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. (Appeal
Brief, page 3, line 18 - page 4, line 3).
The examiner is incorrect, the appellants urge, in asserting
that this structure may be implicitly taught by the reference. We
agree with the appellants and disagree with the examiner’s
interpretation of the Kadouchi and Sanchez references. Assuming
arguendo that one of ordinary skill in the art would have been
properly motivated to combine the electrode of Kadouchi into the
Sanchez battery, we do not see how the claimed structure is
formed.
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