Appeal No. 2005-0178
Application No. 10/091,502
Appellants argue that Honbo discloses that the density range of
0.95 to 1.5 g/cm3 of the negative electrode material prevents the
precipitation of Mn on and inside the negative electrode, and
refer to column 4, lines 5-17.
Appellants also state that Honbo discloses that the density
range of the negative electrode material should be selected to
minimize a failure mode which is specific to the Li/Mn oxide
composition of the positive electrode material of Honbo. Brief,
page 6.
Appellants argue that their claimed secondary power source
has a completely different kind of positive electrode material
(i.e., activated carbon) which cannot fail in the manner
described in Honbo. Appellants conclude that the specific
failure mode described in Honbo is not possible in their claimed
secondary power source or, for that matter, in the secondary
power sources described in Kuruma or in the claims of each of the
Tsushima patents. Brief, page 7.
Appellants argue that one of ordinary skill in the art of
preparing secondary power sources would not have reasonably
considered the disclosure of Honbo to apply to the secondary
power source described in Kuruma or in the claims of the Tsushima
patents, in which the positive material comprises activated
carbon. Brief, page 7.
Accordingly, appellants state that Honbo does not reasonably
suggest combining an activated carbon positive electrode with a
carbon material negative electrode having a density in the
claimed range. Brief, page 7.
On page 15 of the answer, the examiner rebuts and states
that Honbo teaches a negative electrode active material,
characterized in containing carbon, and having a density in the
range larger than .9 g/cm and smaller than 1.5 g/cm, and the
examiner concludes that Honbo’s teaching clearly encompasses the
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