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Notice of Allowability 



Application No. 



09/868.995 



Examiner 



Kallambella Vijayakumar 



Applicant(s) 

STOLLER ET AL. 



Art Unit 



1751 



" The MAILING DATE of this communication appears on the cover sheet with the correspondence address— 

All claims being allowable. PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application. If not included 
herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS 
NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative 
of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308. 

1 . S This communication is responsive to Amendment filed 12/09/2003 , 

2. IE The allowed claim(s) is/are 12-1 5 and 17-24 . 

3. ^ The drawings filed on 20 June 2001 are accepted by the Examiner. 

4. 13 Acknowledgment is made of a claim for foreign priority under 35 U.S. C. § 119(a)-(d) or (f). 

a) la All b) □ Some* c) □ None of the: 

1. ^ Certified copies of the priority documents have been received. 

2. □ Certified copies of the priority documents have been received in Application No. . 

3. □ Copies of the certified copies of the priority documents have been received in this national stage application from the 

International Bureau (PCT Rule 17.2(a)). 
* Certified copies not received: . 

Applicant has THREE MONTHS FROM THE "MAILING DATE" of this communication to file a reply complying with the requirements 
noted below. Failure to timely comply will result in ABANDONMENT of this application. 
THIS THREE-MONTH PERIOD IS NOT EXTENDABLE. 

5. □ A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF 

INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient. 

6. □ CORRECTED DRAWINGS ( as "replacement sheets") must be submitted. 

(a) □ including changes required by the Notice of Draftsperson's Patent Drawing Review ( PTO-948) attached 

1 ) □ hereto or 2) □ to Paper No./Mail Date . 

(b) □ including changes required by the attached Examiner's Amendment / Comment or in the Office action of 

Paper No./Mail Date . 

Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of 
each sheet. Replacement sheet(s) should be labeled as such In the header according to 37 CFR 1.121(d). 

7. □ DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be subnnitted. Note the 

attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL. 



Attachment(s) 

1 . □ Notice of References Cited (PTO-892) 

2. □ Notice of Draftperson's Patent Drawing Review (PTO-948) 

3. □ Information Disclosure Statements (PTO-1449 or PTO/SB/08), 

Paper No./Mail Date 

4. □ Examiner's Comment Regarding Requirement for Deposit 

of Biological Material 



5. □ Notice of informal Patent Application (PTO-152) 

6. □ Interview Summary (PTO-41 3), 

Paper No./Mail Date . 

7. □ Examiner's Amendment/Comment 

8. S Examiner's Statement of Reasons for Allowance 

9. □ Other . 



/hio^l^ — 

Mark Kopec 
Primary Examiner 



U.S. Patent and Trademark Office 

PTOL-37 (Rev. 1-04) 



Notice of Allowability 



Part of Paper No./Mail Date 021 12004 



Application/Control Number: 09/868,995 Page 2 

Art Unit: 1751 

REASONS FOR ALLOWANCE 

The following is an examiner's statement of reasons for allowance: 

• The claims 12-15 and 17-24 are allowed as amended over the arguments by the applicants 
filed 12/09/2003, and the prior art of record that neither teaches nor fairly suggestive of a 
composition and a method of making nickel mixed hydroxide with Ni as the main element 
and with a layer structure, specifically with the degree of oxidation 'a' of the element 'Ma' 
meeting the Umitations of the instant claims by the appUcants. 

• Acknowledge the amendment to specification/ Abstract filed 12/09/2003. 

• Any comments considered necessary by applicant must be submitted no later than the 
payment of the issue fee and, to avoid processing delays, should preferably accompany the 
issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons 
for Allowance." 

• Any inquiry concerning this communication or earlier communications from the examiner 
should be directed to Kallambella Vijayakumar whose telephone number is 571-272-1324. 
The examiner can normally be reached on M-Th, 07.00 - 16.30 hrs, Alt. Fri: 07.00-1 5.30 hrs. 

• If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, 
Dr. Yogendra Gupta can be reached on 571-272-1316. The fax phone number for the 
organization where this application or proceeding is assigned is 703-872-9306, 



Application/Control Number: 09/868,995 



Page 3 



Art Unit: 1751 

• Information regarding the status of an application may be obtained from the Patent 
Application Information Retrieval (PAIR) system. Status information for published 
applications may be obtained from either Private PAIR or Public PAIR. Status information 
for unpublished applications is available through Private PAIR only. For more information 
about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access 
to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 
(toll-free). 



KMV 
02/11/2004 




Mark Kopec 
Priniary Examiner