Ex Parte Watanabe et al

Board of Patent Appeals and Interferences

Mar 27, 2012

10469119 (B.P.A.I. Mar. 27, 2012)

UNITED STATES PATENT AND TRADEMARKOFFICE
UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Address: COMMISSIONER FOR PATENTS
P.O. Box 1450
Alexandria, Virginia 22313-1450
www.uspto.gov
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
10/469,119 08/27/2003 Mikio Watanabe 01556-1P/2001-052289 3993
21254 7590 03/28/2012
MCGINN INTELLECTUAL PROPERTY LAW GROUP, PLLC
8321 OLD COURTHOUSE ROAD
SUITE 200
VIENNA, VA 22182-3817
EXAMINER
CREPEAU, JONATHAN
ART UNIT PAPER NUMBER
1725
MAIL DATE DELIVERY MODE
03/28/2012 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)

1

UNITED STATES PATENT AND TRADEMARK OFFICE
____________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________

Ex parte MIKIO WATANABE,
TATSUJI NUMATA, and TOMOKAZU KUMEUCHI
____________

Appeal 2010-003031
Application 10/469,119
Technology Center 1700
____________

Before PETER F. KRATZ, BEVERLY A. FRANKLIN, and MARK
NAGUMO, Administrative Patent Judges.

Opinion for the Board filed by FRANKLIN, Administrative Patent Judge.

Opinion dissenting in part and concurring in part filed by NAGUMO,
Administrative Patent Judge.

DECISION ON APPEAL

Appellants appeal under 35 U.S.C. § 134 from the Examiner's
rejection of claims 1, 5, 19, 20, and 21. We have jurisdiction under
35 U.S.C. § 6.

Appeal 2010-003031
Application 10/469,119

2
STATEMENT OF THE CASE
Claims 1 and 21 are representative of the subject matter on appeal and
are set forth below:

1. A secondary battery comprising:

a mixture of lithium manganite and lithium nickelate as a cathode
active material; and

carbon as an anode active material,

wherein a cathode electrode comprises:

said cathode active material, including said lithium manganite
which comprises LixMn2O4 (1.02≤ x ≤1.25) and said lithium nickelate which
comprises LiNi1-xMxO2,

wherein M is at least one element selected from Fe, Al and Sr, and
0< x≤ 0.5; and

Bi hydroxide additives or Bi2O3 additives, and

wherein a weight ratio between said lithium manganite and said
lithium nickelate is a:100-a (40