Ex Parte Yoshizawa et al - Page 2

                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.                                          
                                                      2                                                        

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