Appeal No. 2005-2358
Application No. 10/071,664
spinels which meet the above formula in accordance with
the invention.
The codopant combination of nickel and titanium is one of the
thirty-four co-dopant combinations specifically named. Id.
Given the limited number of the specifically named codopant
combinations and the closeness between cobalt and nickel, we
concur with the examiner that one of ordinary skill in the art
would have been led to employ co-dopant combinations, such as
cobalt/titanium and nickel/titanium, in lithium manganese metal
oxide to form a spinel structure useful for the positive
electrode material of the lithium secondary battery of the type
described in Manev. See also Merck & Co. v. Biocraft
Laboratories Inc., 874 F.2d 804, 807, 10 USPQ2d 1843, 1846 (Fed.
Cir.), cert. denied, 493 U.S. 975 (1989).
The appellants also argue that any inference of obviousness
is rebutted by a showing of unexpected results. See the Brief,
pages 9-10 and the Reply Brief pages 4-5. In support of their
argument, the appellants refer to a declaration executed by
Michio Takahashi, one of the inventors in the subject
application, under 37 CFR § 1.132 (hereinafter referred to as the
“Takahashi declaration”) and examples at pages 22 through 29
(results shown in Table 1 at page 24) of the specification. See,
6
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