Appeal 2007- 3662
Application 09/997,604
“substantially octahedral shape” include these various shapes
and further include those polyhedrons formed by partial
chipping of the above shapes or by joint possession of crystal
face in complicated manner between two primary particles.
The positive electrode active material used in the present
lithium secondary battery is characterized by consisting of
primary particles mostly having the above-mentioned
morphology. Thus, all the primary particles need not have a
substantially octahedral shape.
(Specification 7:24 to 8:24).
As the Specification makes clear, Appellants intend “substantially
octahedral shape” to include crystal shapes that have some aspect of
octahedral configuration but are not completely octahedral in nature. For
instance, even if a crystal has a different crystal face where two faces of an
octahedron would normally form an edge, or if a crystal is a complicated
polyhedron based on the growth of one primary particle from the surface of
another, it will still be “substantially octahedral” as that terminology is used
in the claims.
Turning to the phrase “said primary particles including particles
having at least one side of each flat crystal face of length of 1 µm or more,”
we note the word “including” in the phrase. Any primary particles including
even a small amount of particles big enough to meet the 1 µm or more face
size, will meet the requirements of claim 17.
Turning to the prior art and considering what it teaches in comparison
to what is encompassed by claim 17, we determine that the references
applied by the Examiner teach or suggest heating to form primary particles
of crystallinity and size within the claimed ranges.
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