Ex Parte Hall et al - Page 3



          Appeal No. 2005-1149                                                        
          Application No. 09/855,235                                                  

                    a Schottky diode connected between the anode and the              
               cathode;                                                               
               fully discharging the battery; and thereafter                          
               operating the battery in a series of charging and                      
               discharging cycles.                                                    
               The references set forth below are relied upon by the                  
          examiner as evidence of obviousness:                                        
          Andrieu et al. (Andrieu)        5,543,245           Aug.  6, 1996           
          Okada et al. (Okada)            6,027,836           Feb. 22, 2000           
          Kawano et al. (Kawano)          6,193,946           Feb. 27, 2001           
          Maeda et al. (Maeda)            6,428,930           Aug.  6, 2002           
               Claims 1-6, 8, 9 and 12-20 are rejected under 35 U.S.C.                
          § 103(a) as being unpatentable over Andrieu in view of Kawano,              
          and claims 7 and 10 are correspondingly rejected over these                 
          references and further in view of Okada.                                    
               Additionally, claims 1-3, 5, 6, 8, 9 and 11-17 are rejected            
          under 35 U.S.C. § 103(a) as being unpatentable over Andrieu in              
          view of Maeda.                                                              
               On pages 3 and 4 of the brief and on page 1 of the reply               
          brief, the appellants indicate that certain of the appealed                 
          claims do not stand or fall together.  Accordingly, in assessing            
          the merits of the above noted rejections, we have individually              
          considered each of the appealed claims which have been separately           
          grouped and argued by the appellants.                                       

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