Appeal 2007- 3662
Application 09/997,604
Okada, Zhong ‘104, and Manev are, like Appellants, directed to
forming positive electrode active material from lithium manganese oxides
and metal substituted lithium manganese oxides. Each reference discloses
that the compounds have a spinel or spinel-like crystal structure (Okada ¶
0036; Zhong ‘104, col. 5, ll. 12-23; Manev, col. 1, ll. 16-19). Appellants’
Specification and Okada reflect the understood meaning of “spinel” as a
class of minerals that form octahedral crystals.3 (Specification 7:24 to 8:6
“shape close to the octahedron of cubic spinel structure”; Okada, ¶ 0036
describing the spinel structure in terms of its octahedral packing structure.)
Appellants contend that Okada is directed to particles of needle-like
(acicular) shape. But the only reference to such a shape is in paragraph 0107
of Okada. Paragraph 0107 is directed to a comparative example and states
that what was obtained in that example was a compound “of acicular regular
octahedron particles with a one side length of 1 µm or greater.” It is
“comparative” because its BET specific surface was outside the desired
range.
3See McGraw-Hill Dictionary of Scientific and Technical Terms (5th ed.
1994) defining “spinel” as “1. MgAl2O4 A colorless, purplish-red,
greenish, yellow, or black mineral, usually forming octahedral crystals,
and characterized by great hardness; used as a gemstone. 2. A group of
minerals of general formula AB2O4, where A is magnesium, ferrous iron,
zinc, or manganese, or a combination of them, and B is aluminum, ferric
iron, or chromium.” See also Dictionary.com (v 1.1): “1. any of a group
of minerals composed principally of oxides of magnesium, aluminum,
iron, manganese, chromium, etc., characterized by their hardness and
octahedral crystals. 2. a mineral of this group, essentially magnesium
aluminate, MgAl2O4, some varieties being used as gems.”
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