Appeal 2007-1024
Application 10/231,144
light of the teachings provided in Applicant’s specification, we find that a
mixture of PVDF and/or PTFE as binder A and acrylonitrile-butadiene
copolymer and/or acrylic ester-acrylonitrile copolymer as binder B satisfies
the equation θB – θA ≥ 15o.
1. The Rejection of Claims 12-17 under 35 U.S.C. § 102(b)
as being anticipated by Tomiyama or in the alternative,
obvious under 35 U.S.C. § 103(a) over Tomiyama
Generally, claim 17 is an independent claim directed to a non-aqueous
electrolyte secondary battery having a positive and negative electrode. The
positive electrode is formed from two binders having contact angles that
satisfy the equation θB – θA ≥ 15o. Additionally, the positive electrode has a
conductive agent that forms agglomerated particles having a particle size of
less than 10 μm.
Applicant argues that Tomiyama fails to explicitly teach its claimed
battery having the aforementioned positive electrode. (Appeal Br. 7). As to
inherency, Applicant does not contend that Tomiyama fails to inherently
possess the claimed properties, rather Applicant contends that:
In the present case, the Examiner did not discharge that
burden of indicating where any of the references teaches
the following limitations: (1) a conductive agent
characterized by the presence of agglomerated particles
having a particle size of less than 10 μm and (2) a first
binder A and a second binder B characterized by contact
angle θA between the non-aqueous electrolyte and the
first binder A and contact angle θB between the non-
aqueous electrolyte and the second binder B, such that
they satisfy the formula (1): θB – θA ≥ 15o. Thus, the
Examiner has not established that any of these limitations
are inherently disclosed by any of the references.
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