Ex Parte White et al - Page 5


                   Appeal 2007-0420                                                                                                 
                   Application 10/643,383                                                                                           
                   appears to rely on Hooke solely for its teaching that conventional battery                                       
                   packs were known to have a housing.  The Examiner argues that (Answer, p.                                        
                   4):                                                                                                              
                           [i]n regard to the limitations calling for disposing the cells in a                                      
                           housing, it would have been obvious to have placed the cells of                                          
                           Alexandres . . . in a housing, the motivation being the teachings of                                     
                           Hooke . . . that such is advantageous (see element 20 in figure 8 of                                     
                           Hooke . . .).                                                                                            
                           According to the Examiner, Alexandres does not show a “weld area”                                        
                   on at least one cell (Answer, pp. 3-4), i.e.,                                                                    
                           [t]he claims differ from Alexandres . . . in calling for a cell with “a                                  
                           weld area” (note that in the context of applicant’s invention, the term                                  
                           “weld area” refers to an area of the cell previously welded during the                                   
                           manufacture of the individual cell) and in calling for disposing the                                     
                           cells in a housing.  The patent to Alexandres . . . does not discuss the                                 
                           details of cell 44.                                                                                      
                   Nevertheless, the Examiner submits that (Answer, p. 4)                                                           
                           [a]t the time applicant’s invention was made, it would have been                                         
                           obvious to have practiced the method of Alexandres . . . on any                                          
                           conventional battery cell.                                                                               
                   Next, the Examiner finds that (Answer, p. 4):                                                                    
                           [a]pplicant acknowledges that cells with pre-existing weld areas are                                     
                           known (see elements 11, 11W in figures 1a, b, c and the discussion at                                    
                           paragraph [0005] in applicant’s specification) . . . [;]                                                 
                   Accordingly, the Examiner concludes that (Answer, p. 4)                                                          
                           [i]t would have been obvious to have practiced the method of                                             
                           Alexandres . . . on a cell with a “weld area”, the well known nature of                                  


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