Ex Parte NARDI - Page 1



             The opinion in support of the decision being entered today was         
             not written for publication and is not precedent of the Board.         
                                                            Paper No. 22            
                     UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                    ____________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                         
                                 AND INTERFERENCES                                  
                                    ____________                                    

                               Ex parte JOHN C. NARDI                               
                                    ____________                                    
                               Appeal No. 2002-1116                                 
              Application No. 09/213,544                                            
                                    ____________                                    
                              HEARD: February 11, 2003                              
                                    ____________                                    

         Before WALTZ, PAWLIKOWSKI and MOORE, Administrative Patent                 
         Judges.                                                                    
         PAWLIKOWSKI, Administrative Patent Judge.                                  

                                 DECISION ON APPEAL                                 
              This is an appeal under 35 U.S.C. § 134 from the examiner’s           
         final rejection of claims 1-13 and 15-21.  Claim 14 has been               
         cancelled.                                                                 
              Claim 1 is representative of the subject matter on appeal,            
         and is set forth below:                                                    
              1. An electrochemical cell comprising a positive                      
              electrode having an active material and an                            
              electrically conductive carbon material including                     
              expanded graphite particles having a kerosene                         
              absorption value in the range of 2.2 to 3.5 ml/g.                     





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