Ex Parte Sugita - Page 3

         Appeal No. 2004-0949                                                       
         Application No. 09/528,986                                                 


         Wakabe in connection with this embodiment.  The examiner states            
         that the charge-discharge lead 102 is, in effect, appellant’s              
         claimed thin film.  The examiner states that the cutting device            
         103 acts as a parallel barrier formed between the electrode                
         assembly and the cover vent.  Finally, the examiner states that            
         packing material located on the bottom of the opening serves as            
         the barrier formed between the electrode assembly and the cover            
         vent, and this packing material is porous which allows for gas             
         to exit through the vent hole and these materials prevent the              
         electrolyte from directly contacting the thin metal cover.                 
              Beginning on page 5 of the answer, the examiner further               
         explains that the cutting device 103 acts as a parallel barrier            
         for shielding thin film 102 from the electrolyte in the                    
         generator element as depicted in Figures 4 and 8-10.  On page 6            
         of the answer, the examiner states that the cutting device 103             
         is the shielding member located between the thin film 102 and              
         the electrode assembly.  The examiner refers to Figure 14                  
         regarding another embodiment of Wakabe and states that the                 
         packing member depicted therein (item (207)) functions as a                
         shielding member located between the electrode assembly and the            
         thin film (209).                                                           
              On page 4 of the answer, the examiner states that Wakabe              
         may not clearly show the embodiment wherein the shielding member           
         is a plate, set in parallel with the thin film (appellants’                
         claim 3), wherein the thin film is on the exterior of the casing           
         elements, but concludes it would have been obvious to combine              
         the embodiments of Wakabe to include the cutting device as a               
         parallel barrier formed between the electrode assembly and the             
         cover vent, wherein the cover vent has a thin metal cover on the           

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