Appeal 2007-0693
Application 10/188,519
1 10: 27 to col. 11:8.) Boer also teaches alternative polymers for the matrix
2 composition as follows (col. 5:6-18):
3 The polymer component of the sheet matrix may be a
4 polyolefin having a weight average molecular weight of at least
5 75,000 and can be selected from polyolefins having a weight
6 average molecular weight of from 75,000 to about 5,000,000.
7 The polyolefin can be selected from homopolymers, such as
8 polyethylene or polypropylene or copolymers formed from a
9 mixture of hydrocarbon olefin group (-HC=CH-) containing
10 monomers, such as ethylene, propylene, butene and the like, or
11 from a mixture of at least 80 percent, preferably at least 90
12 percent by weight of such hydrocarbon olefinic monomer with
13 other olefinic group containing monomer, such as acrylic and
14 alkacrylic acids or their esters. [Emphases added.]
15
16 That Boer describes a non-aqueous electrolyte battery comprising a
17 rechargeable positive electrode, a non-aqueous liquid electrolyte, and a
18 negative electrode comprising a negative electrode on a current collector is
19 not contested. (Br. 11-15.) Nor do the Appellants dispute the Examiner’s
20 factual finding that Boer teaches a negative electrode material comprising a
21 mixture of (1) a graphite capable of absorbing and desorbing lithium and (2)
22 a ethylene-propylene interpolymer binder. (Examiner’s Answer at 3-5; Br.
23 11-15.) Rather, it is Appellants’ position that Boer does not disclose the
24 “general conditions” of the claimed subject matter because it “would
25 dissuade the person of ordinary skill in the art from investigating a
26 copolymer (i.e. a terpolymer) in which ethylene, propylene, and a third
27 monomer, such as acrylic acid, alkacrylic acid, or an ester thereof, were all
28 present” in the specified ethylene-propylene amount and that Tables 17 and
29 18 of the specification contain evidence of criticality. (Br. 11-15.)
15
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