Ex Parte Sato et al - Page 2

                Appeal 2007-2659                                                                              
                Application 09/940,541                                                                        
                      According to Appellants, the invention is directed to a battery with a                  
                container that is covered over the outer peripheral surface with an ion                       
                impermeable and extensible high polymer sheet having a tensile elongation                     
                percentage of 1% or more (Br. 2).  Independent claim 1 is illustrative of the                 
                invention and a copy of this claim is reproduced below:                                       
                      1. A lithium based battery comprising a battery container containing                    
                therein:                                                                                      
                      a cell structure group formed by stacking unit cells each including a                   
                positive electrode, a negative electrode, and a separator interposed                          
                therebetween, or formed by repeatedly folding or winding an integral body                     
                of said unit cells; and                                                                       
                      an electrolyte, which is poured in said battery container after said cell               
                structure group is contained in said battery container,                                       
                      wherein said battery is characterized by the presence on the outer                      
                peripheral surface of said battery container of a covering that consists                      
                essentially of an ion impermeable and extensible high polymer sheet having                    
                a tensile elongation percentage of 1 % or more, and                                           
                      wherein the tensile elongation of the battery container covering is                     
                selected to cause the sheet to provide insulation between the positive and                    
                negative electrodes of the battery when the container is deformed.                            

                      The Examiner has relied on the following prior art references as                        
                evidence of obviousness:                                                                      
                Yoshihisa (JP ‘708)(as translated)    JP 10-208708          Aug. 7, 1998                      
                Tatsuki (JP ‘564)(as translated)        JP 2000-173564      Jun. 23, 2000                     

                                           ISSUES ON APPEAL                                                   
                      Claims 1-8 stand rejected under 35 U.S.C. § 103(a) as unpatentable                      
                over JP ‘708 in view of JP ‘564 (Answer 3).                                                   

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