Ex Parte TAKEUCHI - Page 5



         Appeal No. 2004-1908                                                       
         Application No. 09/176,374                                 Page 5          

         wound separator portion.  The electrode that includes the wound            
         separator portion is located rearwardly of the leading edge                
         portion of the second electrode during the winding as depicted in          
         drawing Figure 5 of Machida.  The spool is removed after the               
         winding is complete resulting in a tightly wound spiral electrode          
         assembly, which assembly can be thereafter incorporated in a               
         cylindrical cell.  See column 4, line 58 through column 5, line            
         51 of Machida.                                                             
              The examiner recognizes that Machida does not employ a                
         rectangular mandrel having a pair of opposite and planar faces in          
         forming an electrode assembly as required by claim 1.  Nor does            
         Machida teach or suggest that the electrode assembly should be             
         formed into a prismatic shaped electrode assembly having a                 
         rectangular pocket or two substantially flat sections of longer            
         electrode facing each other.  Nor does Machida teach a cell                
         including such a prismatic electrode assembly, as claimed by               
         appellant.                                                                 
              In an attempt to remedy the acknowledged deficiency of                
         Machida (final rejection, page 4), the examiner additionally               
         relies on the teachings of Takeuchi.                                       
              Takeuchi discloses a prismatic cell with the shaping thereof          
         being done simultaneously with the winding thereof by using a              





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