Appeal No. 2005-2358
Application No. 10/071,664
APPEALED SUBJECT MATTER
According to the appellants (Brief, page 7), “[t]he
patentability of claims 1, 11-13, 15, 17 and 18 is addressed
together herein, and ... claims 1, 11-13, 15, 17 and 18 will
stand or fall together.” Thus, for purposes of this appeal, we
select claim 1 from all the claims on appeal and decide the
propriety of the examiner’s Section 103 rejection set forth in
the Answer based on this claim alone. See 37 CFR
§ 41.37(c)(1)(vii)(2004). Claim 1 is reproduced below:
1. A lithium secondary battery comprising a negative active
material including carbon, and a positive active material
including a lithium transition metal compound, said compound
being represented by the formula Li(Nix1Tix2)zMn2-zO4 wherein z is
0.01 to 0.5, X1>0, X2> 0, X1+X2=1[sic, X1+X2=1], and said positive
active material has a spinel configuration of the cubic system.
PRIOR ART
The prior art references relied upon by the examiner in
support of the Section 103 rejection before us are:
Manev et al. (Manev) 6,040,089 Mar. 21, 2000
Biensan et al. (Biensan) 6,071,645 Jun. 6, 2000
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