Ex Parte Fukuoka et al - Page 2

                Appeal 2007-1118                                                                             
                Application 10/237,089                                                                       

                      Appellants appeal under 35 U.S.C. § 134(a) from the Examiner’s                         
                decision rejecting claims 1-14 and 16-20.  We have jurisdiction under                        
                35 U.S.C. § 6(b).                                                                            
                      We AFFIRM.                                                                             
                                            I. BACKGROUND                                                    
                      The invention relates to a conductive silicon oxide powder, a negative                 
                electrode material comprising the powder, and a method of preparing the                      
                powder.  The negative electrode is used in a lithium ion secondary battery                   
                cell (Specification 1:7-11).  Claims 1, 8, and 9 are illustrative of the subject             
                matter on appeal:                                                                            
                      1. A conductive silicon oxide powder in which particles of silicon                     
                oxide having the general formula: SiOx wherein 1 ≤ × < 1.6 are covered on                    
                their surfaces with a conductive coating by chemical vapor deposition                        
                treatment.                                                                                   
                      8. A negative electrode material for a non-aqueous electrolyte                         
                secondary cell, comprising a mixture of the conductive silicon oxide powder                  
                of claim 1 and 1 to 60% by weight of a conductive agent, the mixture having                  
                a total carbon content of 25 to 90% by weight.                                               
                      9. A method for preparing the conductive silicon oxide powder of                       
                claim 1, comprising the step of heat treating particles of silicon oxide having              
                the general formula: SiOx wherein  1 ≤ × < 1.6 in an atmosphere containing                   
                at least an organic gas or vapor at a temperature of 500 to 1,200°C.                         

                      The Examiner relies on the following prior art references to show                      
                unpatentability:                                                                             
                Sakashita (as translated)  JP 2001-185125  Jul. 6, 2001                                      
                Umeno    US 6,383,686 B1  May 7, 2002                                                        



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