Appeal No. 2005-1806
Application No. 09/162,992
number average molecular weight ranging from 5000 to 500000
wherein the non-aqueous solvent at least includes propylene
carbonate in an amount ranging from 10 mol% to 75 mol% and
ethylene carbonate.
The examiner relies upon the following references as
evidence of obviousness:
Ozaki et al. (Ozaki) 5,522,127 Jun. 4, 1996
Akashi EP 0 724 305 Jul. 31, 1996
(European Patent Application)
Appellants' claimed invention is directed to a gel
electrolyte secondary cell comprising a positive electrode, a
negative electrode and a gel electrolyte comprising a non-aqueous
solvent that includes propylene carbonate. The negative
electrode comprises a powder mixture including a graphitized
carbonaceous material obtained from meso-carbon micro-beads.
Claims 2-4, 6-9 and 12 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Akashi in view of Ozaki.
Appellants submit at page 4 of the principal brief that they
"do not argue for the separate patentability of each of the
dependent claims separate and apart from the independent claim."
Accordingly, all the appealed claims stand or fall together with
claim 12.
We have thoroughly reviewed each of appellant's arguments
for patentability. However, we are in complete agreement with
the examiner's reasoned analysis and application of the prior
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