Appeal 2007- 3662
Application 09/997,604
electrode active material having a cubic spinel structure, primary particles of
the positive electrode active material having a substantially octahedral shape
constituted mainly by flat crystal faces.” (Emphasis added.) While we have
considered each rejection individually, as the issue is the same in each, we
discuss them together.
We consider first the scope of the language of the claims. We do so
with the understanding that during examination, “claims . . . are to be given
their broadest reasonable interpretation consistent with the specification, and
. . . claim language should be read in light of the specification as it would be
interpreted by one of ordinary skill in the art.” In re Am. Acad. of Sci. Tech.
Ctr., 367 F.3d 1359, 1364, 70 USPQ2d 1827, 1830 (Fed. Cir. 2004).
According to the Specification:
In the positive electrode active material having such a
composition [, i.e., lithium manganese oxide composed mainly
of Li and Mn,] and a cubic spinel structure, the primary
particles mostly have a substantially octahedral shape
constituted mainly by flat crystal faces, as seen in Fig. 1 which
is a SEM photograph showing a morphology of such primary
particles. That is, flat crystal faces intersect with each other at
the surface of each primary particle to form clear edge lines,
and each primary particle has a shape close to the octahedron of
cubic spinel structure.
The primary particles seen in Fig. 1 also include particles
of other shapes, that is, (a) particles wherein the apex formed by
intersection of four crystal faces of octahedron is not complete
and is formed in the form of a plane or an edge, (b) particles
wherein a different crystal face is formed at the edge formed by
intersection of two crystal faces of octahedron, and (c) particles
wherein one crystal face is jointly owned by two primary
particles or wherein other primary particle grows from the
surface of one primary particle. These primary particles do not
have a completely octahedral shape but can be regarded as a
substantially octahedral shape. In the present invention, the
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