Ex Parte Schubert et al - Page 4

               Appeal 2007-2550                                                                           
               Application 10/321,182                                                                     
               current collectors), and electrical contacts 50 and 52 (i.e., external terminals)          
               (Kucherovsky, col. 4, ll. 13-40).  Kucherovsky further discloses that the                  
               electrical contact 50 (i.e., external terminal) “can be” connected to the                  
               cathode current collector 26 (i.e., internal current collector), and electrical            
               contact 52 (i.e., external terminal) “may be” connected to the anode current               
               collector 28 (i.e., internal current collector) (Kucherovsky, col. 4, ll. 24-25,           
               39-40).  Kucherovsky discloses that the films 22 and 24, which comprise the                
               outer layers of the battery, can be sealed together with adhesive, or by heat              
               sealing or laminating (Kucherovsky, col. 4, ll. 3-6).  Kucherovsky further                 
               discloses in Figures 1 and 2 that the electrical contact 52 (i.e., external                
               terminal) and anode current collector 28 (i.e., internal current collector) are            
               adjacent the edges of film 22 and 24 (Kucherovsky, Figures 1 and 2).                       
                     From the above disclosures, it is evident that Kucherovsky discloses,                
               for example, that the area where the anode current collector 28 (i.e., internal            
               current collector) connects to the electrical contact 52 (i.e., external                   
               terminal) is partially contained within the seal junction formed by the edges              
               of films 22 and 24 (i.e., the left-hand side of the films 22 and 24 as shown in            
               Kucherovsky’s Figure 2).                                                                   
                     Appellants’ claim 38 does not exclude an end of the external terminal                
               and an end of the internal current collector being partially contained within              
               the seal junction.  In other words, the phrase “within said seal junction” in              
               claim 38 may broadly and reasonably be construed as including an end of an                 
               external terminal and an end of an internal current collector being partially              
               contained within the seal junction. In re American Academy of Science Tech                 
               Center, 367 F.3d 1359, 1364, 70 USPQ2d 1827, 1830 (Fed. Cir. 2004).                        



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