Appeal No. 2006-2101
Application No. 10/085,303
want to minimize its presence not only on the electrode but also
in the electrode's environment.
Appellants rely upon the Declaration of Michael Pozin, one
of the present inventors, as evidence that a lithium cell must
be made according to a controlled process in order to limit its
sodium content within the claimed range. The declarant states
that "the sodium content of the lithium electrochemical cell
components typically would result in a cell having a sodium
content of greater than 1500 ppm" unless the components are
specifically obtained to have a low sodium content (paragraphs 5
and 6 of Declaration). However, we agree with the examiner that
the disclosures of Harrison and Boryta would have motivated one
of ordinary skill in the art to treat the components of a
lithium cell in order to ensure a minimum concentration of the
deleterious sodium impurity. We note that the Declaration does
not address the teachings of Harrison and Boryta.
In conclusion, based on the foregoing and the reasons well-
stated by the examiner, the examiner's decision rejecting the
appealed claims is affirmed.
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