Appeal No. 2004-0949
Application No. 09/528,986
by covering a gas release hole in the closure cap with
a thin film; and
a shielding member that is located between the
thin film and the generator element to protect the
thin film from the electrolyte so as to secure a gas
channel from an internal space of the external casing
to the gas release hole.
The examiner relies upon the following references as
evidence of unpatentability:
Wakabe et al. (Wakabe) 6,136,464 Oct. 20, 2000
Matsushita JP07022013 Jan. 24, 1995
(Japanese Patent Publication)1
Claims 1-8 stand rejected under 35 U.S.C. § 102(e) as being
anticipated by or, in the alternative, under 35 U.S.C. § 103, as
being obvious of over Wakabe.
Claims 1, 2, 4, and 5 stand rejected under 35 U.S.C. § 103
as being obvious over Matsushita.
We have carefully reviewed the answer, the brief, and the
reply brief, and the applied references, in making our
determinations set forth below.
I. The 35 U.S.C. § 102/ § 103 rejection over Wakabe
We refer to pages 3-4 of the answer regarding the
examiner’s position for this rejection. In particular, in one
embodiment of Wakabe, the examiner finds that Wakabe discloses a
valve that includes a thin film cover, that is penetrated by a
cutting device, and the examiner refers to Figures 4, 8 and 9 of
1 We rely upon and cite from a computer-assisted English translation of this document, previously made of record.
2
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