Ex Parte Yang et al - Page 2

                Appeal 2007-1524                                                                              
                Application 09/770,725                                                                        
           1          Applicants state that they have invented “a lithium secondary battery                   
           2    in which deterioration of battery properties attributed to water released from                
           3    both of a positive electrode and negative electrode and existing in the non-                  
           4    aqueous electrolytic solution packed in the battery its [sic] suppressed.”                    
           5    (Original Specification 1:5-10).                                                              
           6          Representative claim 1 reads as follows:                                                
           7                 1.  A lithium secondary battery comprising:                                      
           8                 an electrode unit produced by winding or laminating a                            
           9          positive electrode and a negative electrode via a separator, said                       
          10          positive electrode comprising positive electrode active                                 
          11          substance comprising lithium manganese oxide, said negative                             
          12          electrode comprising negative electrode active substance                                
          13          comprising at least one material selected from the group                                
          14          consisting of amorphous carbonaceous material and graphitized                           
          15          carbonaceous material, and                                                              
          16                 a non-aqueous electrolytic solution containing a lithium                         
          17          compound as an electrolyte, wherein a cumulative                                        
          18          concentration of water (H2O) released from both of said                                 
          19          positive electrode and said negative electrode in relation to the                       
          20          weight of said electrode unit, exclusive of weight of current                           
          21          collectors, is suppressed to 5,000 ppm or lower in case of                              
          22          heating both electrodes at 25 to 200°C and to 1,500 ppm or                              
          23          lower in case of heating said electrodes at 200 to 300°C.                               
          24                                                                                                  
          25          The Examiner rejected claims 1-17 under 35 U.S.C. § 103(a).                             
          26    (Substitute Answer entered August 22, 2006, hereafter “Answer” 3-5.)                          
          27          The prior art relied upon by the Examiner in rejecting the claims on                    
          28    appeal is:                                                                                    
          29          Watanabe  US 6,083,644 B1  Jul. 4, 2000                                                 
          30                                                                                                  
          31          Takami  US 6,350,544 B1  Feb. 26, 2002                                                  
          32                                                                                                  
          33          Kurose  US 6,361,822 B1  Mar. 26, 2002                                                  
          34                                                                                                  

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