Appeal 2007-2550 Application 10/321,182 Appellants argue that Kucherovsky does not disclose an internal current collector and an external terminal having ends within a seal junction wherein the internal current collector and the external terminal are not in physical contact within the seal junction (Br. 8). We have considered Appellants’ argument and cannot sustain the Examiner’s § 102(e) rejection of claim 40. As noted above, Kucherovsky discloses an end of the electrical contacts 50 and 52 (i.e., external terminals) being in physical contact with an end of the cathode current collector 26 and anode current collector 28 (i.e., internal current collectors), respectively, partially within the seal junction (Kucherovsky, Figures 1 and 2). Kucherovsky does not disclose that the electrical contacts 50, 52 (i.e., external terminals) and cathode and anode current collectors 26, 28 (i.e., internal current collectors) have ends positioned within the seal junction that are not in physical contact with one another. Therefore, Kucherovsky does not disclose the subject matter of claim 40. We reverse the Examiner’s § 102(e) rejection of claim 40 over Kucherovsky. 35 U.S.C. § 103(a) REJECTION OVER KUCHEROVSKY IN VIEW OF LAKE DEPENDENT CLAIMS 87-89 Appellants have not separately argued the § 103(a) rejection over Kucherovksy in view of Lake. However, claims 87-89 depend or ultimately depend from claim 40, the rejection of which under § 102(e) over Kucherovsky has been reversed. 6Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: September 9, 2013