Appeal 2007- 3662 Application 09/997,604 the metal substituted lithium manganese oxide Appellants exemplify in the Specification. The evidence tends to show that no more than routine experimentation was required of one of ordinary skill in the art of lithium secondary battery production, and the Examiner has not sufficiently rebutted that evidence. III. CONCLUSION We sustain the rejection of claims 11-14, 16-21, 23, and 24 under 35 U.S.C. § 103(a), but we do not sustain the rejection of claims 11-14, 16-21, 23, and 24 under 35 U.S.C. § 112, ¶ 1. IV. DECISION The decision of the Examiner is affirmed. V. TIME PERIOD FOR RESPONSE No time period for taking any subsequent action in connection with this appeal maybe extended under 37 C.F.R. § 1.136(a)(1)(iv). AFFIRMED 10Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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