Ex Parte Zucker - Page 2



           Appeal No. 2006-0832                                                Παγε 2                               
           Application No. 10/155,253                                                                               
                      a second electrode layer printed on said first                                                
                 electrode layer, the second electrode layer comprising an                                          
           active material having a particle size less than or equal to 0.5                                         
           micron; and                                                                                              
                      a second conductive layer printed on said second                                              
                 electrode layer.                                                                                   
                 The prior art references of record relied upon by the                                              
           examiner in rejecting the appealed claims are:                                                           
           Parker     6,369,793   Apr. 09, 20021                                                                    
           Schubert et al. (Schubert) US 2003/0165744 Sep. 04, 20032                                                
                 Claims 1-9 and 16-26 stand rejected under 35 U.S.C. § 103(a)                                       
           as being unpatentable over Parker in view of Schubert.                                                   
                                            OPINION                                                                 
                 Having carefully considered each of appellant’s arguments                                          
           set forth in the brief and reply brief and the evidence of                                               
           record, appellant has not persuaded us of reversible error on the                                        
                                                                                                                    
                 1 Application filed on March 30, 1999.                                                             
                 2 The Schubert published application was filed on Dec. 17, 2002 (a date                            
           subsequent to the filing date of the subject application).  However, the Schubert                        
           publication claims priority under § 119(e) to several provisional applications filed on Feb.             
           12, 2002.  Appellants have not disputed the availability of the subject matter contained                 
           in Schubert as prior art to the presently claimed invention, on the record before us.                    


















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