Ex Parte Suzuki et al - Page 2

               Appeal 2007-1024                                                                       
               Application 10/231,144                                                                 
                                    STATEMENT OF THE CASE                                             
                    Applicant’s invention is directed to a non-aqueous electrolyte battery.           
               Applicant states that there is an increasing demand for high energy density            
               batteries for use in portable consumer electronic products.  (Specification 1).        
               According to Applicant, there is a need for a non-aqueous electrolyte                  
               secondary battery having high capacity in terms of charge/discharge and                
               cycle life.  (Id. at p. 4).                                                            
                    There is only one independent claim on appeal, claim 17.  Claim 17 is             
               representative of the claims on appeal and reads as follows:                           

                          A non-aqueous electrolyte secondary battery comprising:                     
                    a positive electrode comprising a positive electrode material                     
                    layer and a positive electrode core member for supporting said                    
                    positive electrode material layer, said positive electrode                        
                    material layer formed of a paste comprising a positive electrode                  
                    active material, a conductive agent, a first binder A and a                       
                    second binder B, said positive electrode active material                          
                    comprising a lithium-containing transition metal oxide, said                      
                    conductive agent comprising carbon black;                                         
                          a negative electrode comprising a negative electrode                        
                    material layer and a negative electrode core member for                           
                    supporting said negative electrode material layer; and                            
                          a non-aqueous electrolyte comprising a non-aqueous                          
                    solvent dissolving a lithium salt,                                                
                          wherein said conductive agent contained in said positive                    
                    electrode material layer forms agglomerated particles having a                    
                    particle size of less than 10 μm and a contact angle θA between                   
                    said non-aqueous electrolyte and said binder A and a contact                      
                    angle θB between said non-aqueous electrolyte and said binder                     
                    B satisfy the formula (1): θB – θA ≥ 15o.                                         




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