Appeal 2007-3414 Application 10/194,032 We REVERSE. I. BACKGROUND The invention relates to material useful as the active material for a positive electrode of a non-aqueous electrolyte battery. The material comprises pore free primary 1-300 nm particles of a compound containing lithium and iron. The compound is, for instance, LixFeOy where 0 < x ≤ 1.5 and 1.8 < y < 2.2 (claim 26), LiFePO4, or LiFeCl4 (claim 35). Claim 18 is illustrative of the subject matter on appeal: 18. A material useful in [sic] as a positive electrode active material, said material comprising pore free primary particles of an iron compound, wherein the primary particles are 1 to 300 nm, and wherein the iron compound comprises lithium. The Examiner relies on the following prior art references to show unpatentability: Goodenough US 5,910,382 Jun. 8, 1999 Kumar US 6,607,706 B1 Aug. 19, 2003 Yong S. Zhen, Kenneth E. Hrdina, and Robert J. Remick, A New Process for Preparing Nanosize Ceramic Powders, 351 Materials Research Society Symposium Proceedings 425 (1994). The Examiner maintains two grounds of rejection:1 (1) claims 18-27, 30, 31, 34, 37, and 39-41 rejected under 35 U.S.C. § 102(b) as anticipated by Zhen;2 and (2) claims 18, 35, 36, and 38 rejected under 35 U.S.C. § 103(a) as being unpatentable over Goodenough in view of Kumar. 1 The Examiner has withdrawn the anticipation rejection over Miyaji. 2 The Examiner lists claims 28, 29, 32, and 33 as rejected, but these claims have been cancelled. Therefore, we do not list them. 2Page: Previous 1 2 3 4 5 6 7 Next
Last modified: September 9, 2013