Ex Parte Spotnitz et al - Page 4


              Appeal 2006-3087                                                                      
              Application 09/821,553                                                                

                                          FINDINGS OF FACT                                          
                    Notten teaches a battery monitoring method which measures                       
              parameters from the battery.  The method selects and uses a model to                  
              simulate battery operation and uses the simulation to determine a                     
              characteristic of the battery.  See column 1, lines 1 through 31.  Notten also        
              teaches that the monitoring device may be used in the design of batteries.1           
              See column 1, lines 33 through 35 and column 25, lines 17 through 20. In              
              using the monitoring device to design a battery, Notten teaches that a user           
              inputs criteria concerning operating conditions of the device in which the            
              battery will be used.  See column 25, lines 20 through 31.   One example of           
              the criteria which the design must meet is whether “the supplied current is           
              sufficient for a given duration of standby power consumption and full power           
              consumption”, i.e., a rate of discharge capability.  See column 25, lines 44          
              through 46.  Further, Notten teaches that the method uses several models to           
              simulate battery operation. See column 10, lines 27 through 37 (teaching that         
              different models are used for different battery materials) and column 25, line        
              53 through column 26, line 4 (teaching that different material types are              
              considered in the iterative calculations to design the battery). The                  
              simulations are run iteratively until the simulation results in a battery design      

                                                                                                   
              1 Appellants’ arguments in the Brief do not appear to address this                    
              embodiment of Notten.  In an earlier filed Reply Brief, dated June 20, 2005,          
              submitted prior to remand of the appeal, Appellants acknowledge this                  
              teaching, but state on page 8, “Notten merely refers to producing a battery           
              based upon output characteristics, and nothing substantive is really discussed        
              with regard to design output.”                                                        

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