Ex Parte Lewis et al - Page 3

               Appeal 2007-3426                                                                            
               Application 10/400,954                                                                      

               the grounds of rejection and Appellants’ groupings of claims.  37 C.F.R. §                  
               41.37(c)(1)(vii) (2006).                                                                    
                      With respect to claim 1, Appellants contend LaFollette does not meet                 
               the limitation “the micro-battery stores energy proportional to thickness of                
               the micro-battery,” that is, by “extending the thickness of the battery (in the             
               Z dimension), significantly more energy can be stored while maintaining the                 
               surface area in the battery (in the X and Y dimension)” (Br. 4).  Appellants                
               contend LaFollette “discusses energy capacities relating to the area                        
               according to the X and Y dimensions of the battery” and not “the thickness                  
               (i.e., the Z dimension)” (id.; see also Reply Br. 2-3).  Appellants contend                 
               LaFollette’s disclosure of a footprint of 1 mm2 to 1 µm2 and a volume of                    
               1 mm3 to 1 µm3 is not “a measurement of energy proportional to thickness of                 
               the micro-battery” but “roughly illustrates the size of the device” (id., citing            
               LaFollette “e.g., col. 18, ll. 21-25”).                                                     
                      With respect to claim 9, Appellants contend soft lithography “is a                   
               unique non-photolithographic technique that enables the creation of three-                  
               dimensional structures and that generates patterns on non-planar surfaces”                  
               and is not described by LaFollette (Br. 5, citing Specification ¶ 0033).                    
               Appellants contend the reference discloses “lithographic processes                          
               consistent with the described microscopic battery, namely photolithography”                 
               which “is not expressly or inherently the same as soft lithography” (id.,                   
               citing LaFollette col. 21, ll. 28-32).  Appellants contend “the elastomer block             
               used in soft lithography (instead  of a rigid photomask as used in traditional              
               lithographic processing) enables the creation of three-dimensional structures               
               and the generation of patterns on non-planar surfaces” (id.).                               


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