Appeal 2007-2550
Application 10/321,182
From the above claim construction, we determine that Appellants’
argued distinction is inclusive of Kucherovsky’s disclosure, for example,
that an end of the electrical contact 52 (i.e., external terminal) and an end of
the anode current collector (i.e., internal current collector) are partially
contained within the seal junction.
Moreover, we agree with Examiner that when the flexible battery
structure shown in Kucherovsky’s Figure 1 is finally compressed to form the
battery, Kucherovsky’s seal 36 will spread out to contact the anode and
cathode current collectors 28 and 26, the anode 32, cathode 30, separator 40,
and electrical contacts 50 and 52 (Answer 6). Kucherovsky discloses that
seal 36 is between upper and lower film layers 22 and 24, and extends
beyond the outer diameter of the internal components of the battery (i.e.,
anode, cathode, current collectors, separator, and electrical contacts)
(Kucherovsky, col. 7, ll. 30-34; Figure 1). Such disclosure supports the
Examiner’s position that seal 36 will be in contact with the internal
components of the battery, such that, for example, where an end of the
electrical contact 52 (i.e., external terminal) and an end of the anode current
collector (i.e., internal current collector) touch will be partially within the
seal junction (i.e., the bond between the seal 36 and films 22 and 24).
Therefore, we affirm the Examiner’s § 102(e) rejection of claims 38,
39, and 41.
DEPENDENT CLAIM 40
Claim 40 depends from claim 38 and further recites that “said internal
current collector and said external terminal are not in physical contact within
said seal junction” (claim 40).
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