Ex Parte Lewis et al - Page 2

               Appeal 2007-3426                                                                            
               Application 10/400,954                                                                      

                      Claims 1, 2, and 9 illustrate Appellants’ invention of a volumetric                  
               lithium-ion energy storage device, and are representative of the claims on                  
               appeal:                                                                                     
                      1.  A volumetric lithium-ion energy storage device, comprising:                      
                      an anode;                                                                            
                      a cathode; and                                                                       
                      an electrolyte separator interstitial to and in communication with the               
               anode and the cathode, which anode, cathode and electrolyte separator form                  
               a micro-battery having a volume of no more  than one cubic millimeter, the                  
               micro-battery stores energy proportional to thickness of the micro-battery.                 
                      2.  The device of claim 1, the electrolyte separator is approximately                
               one millimeter.                                                                             
                      9.  The energy storage device of claim 1 manufactured according to                   
               soft lithography techniques.                                                                
                      The Examiner relies on the evidence in these references:                             
               Nathan   US 6,197,450 B1          Mar.   6, 2001                                            
               LaFollette   US 6,610,440 B1          Aug. 26, 2003                                         
                      Appellants request review of the following grounds of rejection                      
               advanced on appeal (Br. 3):                                                                 
               claims 1, 3, and 9 through 14 under 35 U.S.C. § 102(e) as anticipated by                    
               LaFollette (Answer 3);                                                                      
               claim 2 under 35 U.S.C. § 103(a) as unpatentable over LaFollette (id. 3-4);                 
               claims 4 through 8 under 35 U.S.C. § 103(a) as unpatentable over LaFollette                 
               in view of Nathan (id. 4-5).                                                                
                      Appellants argue claims 1 and 14 as a group and claim 9 separately as                
               representative of the claims in the first ground of rejection (Br. 4 and 5).                
               Appellants do not argue the third ground of rejection with specificity (Br. 7).             
               Thus, we decide this appeal based on claims 1, 2, and 9 as representative of                


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