Appeal No. 2006-0832 Παγε 5
Application No. 10/155,253
the prior art, it is not inventive to discover the optimum or
workable ranges by routine experimentation.”).
Not withstanding that the teachings of Parker alone make
manifest the prima facie obviousness of the claimed battery, the
examiner further buttresses that obviousness evidence by further
referring to the teachings of Schubert concerning the formation
of flexible thin batteries formed with printed layers. In this
regard, the examiner correctly points out that Schubert teaches
that the particle sizes of active material in the separate layers
of such a battery is a result effective variable and should be
at least twice as small in dimensions as the thickness of the
layer to be formed therewith. See page 4 of the answer and
paragraph 0042 of Schubert. Moreover, the examiner notes that
Schubert exemplifies using an average of 0.3 to 1.0 micron size
jet-milled electrode (cathode) particles in forming a printed
electrode in Example 5. In this regard, we also note that
Schubert shows the use of around 1 micron sized particles for the
cathode and anode electrode layers even when those layers are
formed up to as much as 190 microns thick in Example 8.
Given the combined disclosures of Parker and Schubert, the
examiner has reasonably determined that one of ordinary skill in
the art would have been led to employ small particles for the
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