Appeal No. 2006-0832 Παγε 4
Application No. 10/155,253
disclosed battery are formed to be about .0002 inch to about
.0008 inch (about 5-20 microns) thick in dry form so as to arrive
at a desired thin battery. See page 4 of the answer.
As further intimated by the examiner (answer, page 7),
Parker clearly suggests that the active material particles used
in forming the battery layers, including the electrode layers,
must be sized at least small enough to permit the formation of
the thin layers containing those particles. In other words, it
is the examiner’s view that Parker certainly suggests employing
particles of the active materials of dimensions much smaller than
the thickness dimensions (5-20 microns) of the layers desired to
be formed by Parker. We agree with that determination of the
examiner.
As for the specific 0.5 micron or less particle sizes of
each of the electrode layers recited in appealed claim 1, we
agree with the examiner that Parker would have reasonably led one
of ordinary skill in the art to choose active material particle
sizes much less than the 5 micron (.0002 inch) minimum thickness
of the electrode layers formed using those particles. See
In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA
1955)(“[W]here the general conditions of a claim are disclosed in
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