Appeal 2007-1524
Application 09/770,725
1 cause problems in Takami’s electrodes. The Examiner’s combination of
2 references is not premised on the notion that Kurose’s materials would have
3 transition metal dissolution characteristics identical to those of Takami’s
4 materials. Rather, it is based on the finding that one of ordinary skill in the
5 art would have had a reasonable expectation that water would be detrimental
6 to Takami’s battery, as disclosed in Kurose and Watanabe, based on their
7 structural similarities. That Mn in LiMn2O4 has a higher dissolution rate
8 than Ni in LiNiO2 does not negate this expectation. As discussed
9 previously, Applicants have not relied on any evidence indicating that one of
10 ordinary skill in the art would not have expected that moisture would cause
11 problems in the type of battery described in Takami.
12 Applicants further contend that while Kurose teaches lowering the
13 water content in the positive electrode material to avoid a decrease in battery
14 charge/discharge capacity, an increase in internal resistance, and
15 deterioration of preservation property, the reference does not quantify the
16 amount of moisture that would be considered detrimental. (See, e.g., Reply
17 Br. 2 at 4.) This argument is also unpersuasive. Given that it was known in
18 the art that moisture is undesirable, a person of ordinary skill in the art
19 would have reduced the amount of moisture to the greatest extent, subject to
20 cost considerations. Applicants have not shown that such reduced levels of
21 moisture would not have included the amounts indirectly recited in appealed
22 claim 1. Moreover, Watanabe explicitly discloses that the amount of
23 moisture in each of the electrodes should be 50 ppm or less.
24 Applicants argue that Watanabe discloses drying at a temperature
25 preferably in the range of 80 to 350°C to eliminate the moisture and then
26 assembling the battery but that heating to more than 200°C “is not realistic”
17
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