Appeal 2007-1024
Application 10/231,144
Alternatively, if the agglomerated particles are considered to
not have the same size based on the equivalent process, it
would be obvious to one skilled in the art to incorporate the size
of conductive carbon agglomerates to a particle size taught by
Tomiyama. The carbon particles act to conduct the electrons to
the current collector. The more homogeneous the electrode
mixture, the lower the internal resistance of the battery by
having a consistent electrical path throughout the mixture. As
the particles agglomerate, the surface area of the carbon
decreases, which decreases the current collecting properties.
Further, as the particles agglomerate, the amount of carbon
material able to be equally distributed though the electrode
diminishes and a spotted distribution of the conductive particles
exists, thereby increasing the internal resistance of the battery.
(Answer 12).
25) The Examiner found, and Applicant did not dispute, that Tomiyama
exemplifies the use of PVDF and polyacrylonitrile in a positive electrode.
(Answer 11, citing Tomiyama ¶ 70).
PRINCIPLES OF LAW
Anticipation under 35 U.S.C. § 102 is a question of fact. Brown v.
3M, 265 F.3d 1349, 1351, 60 USPQ2d 1375, 1376 (Fed. Cir. 2001). A claim
is anticipated only if each and every element as set forth in the claim is
found, either expressly or inherently described in a single prior art reference.
Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d 628, 631,
2 USPQ2d 1051, 1053 (Fed. Cir. 1987). In analyzing anticipation, the
discovery or identification of a property possessed by a prior art composition
does not render the old composition patentable. Atlas Powder Co. v. Ireco
Inc., 190 F.3d 1342, 1346, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999).
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