Appeal 2007-1118
Application 10/237,089
B. Facts
Sakashita, Umeno, and Appellants’ invention are all directed to an
electrode active material for use in non-aqueous secondary batteries also
known as secondary lithium ion batteries (Sakashita ¶ 1; Umeno ¶ 1;
Specification 1:7-11).
Sakashita describes an electrode active material including SiOx
(x=1.05-1.60) powder mixed with a conductive material of carbon black
powder (Abstract; ¶ 5). The carbon black powder serves as a conduction
agent (Sakashita ¶ 11). The SiOx and carbon black are mixed together in the
form of a slurry (Sakashita ¶ 14).
The SiOx powder of Sakashita is “capable of storing and releasing
lithium ions” or, in other words, “capable of forming a lithium alloy”
(Sakashita, Abstract; ¶ 5; see also Sakashita ¶ 3 and Umeno, col. 3, ll. 1-3;
finding of the Examiner, Answer 7).
We determine that Sakashita’s SiOx (x=1.05-1.60) powder contains a
mixture of silicon (Si) and silicon dioxide (SiO2). This determination is
based on the method of making the SiOx. which is substantially similar to
Appellants’ process of mixing Si and SiO2 at temperatures on the order of
1400 °C (Compare Sakashita ¶ 8 to Specification 4:1-31 and 11:13-21) and
Sakashita’s disclosure that analysis of the SiOx powder by x-ray
photoelectron spectroscopy 750, for example, “ESCA,” gives “a peak which
is different in Si and SiO2” (Sakashita ¶ 9). That both Si and SiO2 are
present is further evinced by the teaching of Sakashita that the SiOx powder
is “capable of storing and releasing lithium ions” (Sakashita, Abstract; ¶ 5).
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