Appeal 2006-2764
Application 10/376,830
In light of this definition, one of ordinary skill in this art would
not interpret the claim language under consideration as reading on or
encompassing the electrode arrangement of Urry as described by the
Examiner in the Answer. This is because the definition requires that
each inner electrode is radially completely surrounded by the
electrode immediately outside of it. The first and second electrodes of
Urry, as identified by the Examiner, are not so disposed.
Therefore, we can not sustain the Examiner's § 102 rejection as
being anticipated by Urry. We also can not sustain the § 103
rejections since the additionally applied references are not relied upon
by the Examiner as supplying the above discussed deficiencies of
Urry.
The decision of the Examiner is reversed.
cam
MICHAEL C. POPHAL
EVEREADY BATTERY CO., INC.
25225 DETROIT ROAD
P. O. BOX 450777
WESTLAKE, OH 44145
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