Ex Parte EILERS - Page 7




          Appeal No. 2003-0423                                                        
          Application No. 09/377,015                                                  

          circular groove (2) composed only of the thin metal floor                   
          (figure 2D; col. 4, lines 30-35).  Kinuta teaches that                      
               when the pressure in the battery casing rises to the                   
               prescribed level, the safety valve functions by blowing                
               along the floor of the groove which, being thinner, is                 
               weakened, releasing the gas in the casing preventing                   
               the battery from exploding and thereby also preventing                 
               collateral damage to surrounding equipment from such an                
               explosion [col. 4, lines 44-49].                                       
          Kinuta indicates that the plug within the circular groove (figure           
          1A) blows out when the battery explodes, but Kinuta does not                
          teach that the portion of the explosion prevention safety device            
          outside the groove, which is composed of both the thin metal                
          floor and the second metal layer, is deformed when the battery              
          explodes.  Kinuta’s discussion of this embodiment does not                  
          indicate that in the embodiment shown in figure 5B relied upon by           
          the examiner, the portion of the explosion prevention safety                
          device outside the groove, which likewise is composed of a thin             
          metal floor and a second metal layer, is deformed when the                  
          battery explodes.  If anything, Kinuta indicates that the groove            
          in figure 5B, which is shown as being comparable in size to the             
          circular groove and portion therein in the other embodiment                 
          (figure 1A), is sufficiently large to relieve the pressure in the           
          battery when it explodes, without any deformation of the metal              
          surrounding the groove.                                                     

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