Appeal 2007-1024 Application 10/231,144 7) Applicant’s claims require that the conductive agent in the positive electrode material layer forms agglomerated particles having a particle size of less than 10 μm. (Appeal Br. Independent claim 17). 8) Applicant’s specification provides the following statement regarding the conductive agent: As the conductive agent, it is preferable to use carbon black. Examples of the carbon black include acetylene black, furnace black and Ketjen black. Among them, acetylene black and furnace black are preferable. With regard to the average particle size of the conductive agent, there is no particular limitation, but the average particle size of the primary particles is preferably 0.01 to 0.1 μm. (Specification 12, bold emphasis added). B. Prior Art 1. Tomiyama 9) Tomiyama is directed to a rechargeable non-aqueous electrolyte battery that is said to have a high capacity and improved shelf life. (Tomiyama, ¶ 0001).2 10) Tomiyama describes the use of binders to form electrodes for its battery. (Id. ¶ 0036). 2 The Examiner has relied upon a computer translation of the Japanese language Tomiyama reference. Applicant, whose real party in interest is located in Japan, did not object to the accuracy of the translation. 6Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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