Ex Parte Schubert et al - Page 6

               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.                                                             

                                                    6                                                     

Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: September 9, 2013