Ex Parte HAHNE et al - Page 6




              Appeal No. 2003-1915                                                                  Page 6                
              Application No. 09/423,232                                                                                  


                     We reach the same conclusion with regard to the rejection of claim 82 on the                         
              basis of Hahne ‘546 in view of Hahne ‘651 and Hahne ‘257.  In this case, the examiner                       
              admits that Hahne ‘546 fails to disclose or teach the two opposed side walls and a                          
              charging electrode which is a metal plate that contacts the end of the stack and is                         
              located in one of the pressing elements.  While it is true that Hahne ‘651 discloses two                    
              opposed side walls in addition to the end elements, Hahne ‘651 does not disclose or                         
              teach positioning a charging electrode at the end of the stack.  Such an arrangement is                     
              present in Hahne ‘257 but, as we have explained above, it is a non-contact electrode                        
              and fails to meet any of the requirements for the electrode that are set forth in claim 82.                 
              Thus, as was the case with the other rejection, the combined teachings of the applied                       
              references fail to establish a prima facie case of obvious with regard to independent                       
              claim 82.  The rejection of claim 82 and dependent claims 91, 92 and 103 is not                             
              sustained.                                                                                                  





                                                     CONCLUSION                                                           
                     Neither rejection is sustained.                                                                      
                     The decision of the examiner is reversed.                                                            









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