Ex Parte YAMAGUCHI - Page 5



            Appeal No. 2004-1101                                                    
            Application No. 09/262,325                                              

                 We find that appellant’s Figure 4 shows 6a, which is               
            the location of the outermost end of negative electrode 6.              
            Figure 4 also shows 3a, which is the location of the                    
            outermost end of positive electrode 3.  As one travels from             
            the innermost end of the negative electrode collector to                
            the outermost end of the negative electrode collector at                
            6a, one travels further to reach location 6a as compared to             
            when one travels from the innermost end of the positive                 
            electrode collector to the outermost end of the positive                
            electrode collector at 3a.  In this way, the location of 6a             
            is more forward than the location of 3a.                                
                 In contrast, Figure 5 of Yamuguchi depicts the                     
            outermost end of the negative electrode collector at item               
            12.  The location of the outermost end of the positive                  
            electrode collector is located at the end of the dashed                 
            line shown in Figure 5.  Therefore, as one travels from the             
            innermost end of the positive electrode collector to the                
            outermost end of the positive electrode collector, one                  
            travels further than when one travels from the innermost                
            end of the negative electrode collector to the outermost                
            end of the positive electrode collector (at location 12).               
            In this way, the location of the outermost end of the                   
            positive electrode collector is more forward than the                   
            outermost end of the negative electrode collector (item                 
            12).  This is the opposite of what is claimed in                        
            appellant’s claim 13.                                                   
                 Hence, we disagree with the examiner’s position and                
            reverse the rejection.  The other applied references do not             
            remedy this deficiency in the rejection.                                

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