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PATENT APPLICATION 
Mo6398 
STA-154 

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE 



APPLICATION OF 



VIKTOR STOLLER ET AL 



SERIAL NUMBER: 09/868,995 
FILED: JUNE 20, 2001 



U.S. PATENT 6,849,208 



ISSUED: FEBRUARY 1 , 2005 



TITLE: NICKEL MIXED HYDROXIDE, 

METHOD FOR PRODUCING THE 
SAME, AND THE USE THEREOF AS 
A CATHODE MATERIAL IN 
ALKALINE BATTERIES 



CERTIFICATE OF CORRECTION UNDER 37 C.F.R. 51.323 

Commissioner for Patents 
P.O. Box 1450 
Alexandria, VA 22313-1450 

Sir: 

Correction to the subject patent is respectfully requested relative to a mistake 
made by Applicants, and a mistake made by the Office. 
Remarks begin on page 2 of this paper. 



I hereby certify that this correspondence is being deposited 
with the United States Postal Service as first class mail in an 
enveloped addressed to: Assistant Commissioner for 
Patents, Washington. D.C. 20231 3/24/05 




Signature 



Date 



REMARKS 

Please correct Claims 1 and 9 as Indicated on the Certificate of Correction 
sheet included herewith. 

In accordance with the requirements of 35 U.S.C. § 255, Applicants provide 
the following showing that the mistake as to Claims 1 and 9, with regard to the line 
separating the numerator from the denominator in Equation (I), occurred in good 
faith. The mistake in the mathematical formula of Claims 1 and 9 occurred due to 
the unclear manner in which Applicants presented the amendments to Claims 1 and 
9 in an Amendment dated 5 December 2003. Pages 2, 3 and 4 of the Amendment 
of 5 December 2003 are included herewith in the appendix. In Applicants' 
Amendment of 5 December 2003, the line separating the numerator from the 
denominator of Equation (I) was not clearly represented. Attention is also directed to 
page 5, line 27 of the specification. 

In addition, in the denominator of Equation (I) of Claims 1 and 9: 
M a +X ' should be replaced with M a +X (i.e., without a "prime" after the superscripted 
+x). This is deemed to be a mistake by the Office. Attention is directed to pages 2-4 
of Applicants' Amendment of 5 December 2003, and page 5, line 27 of the 
specification. 

Inclusion of the line separating the denominator and numerator of Equation (I) 
of Claims 1 and 9 is not deemed to represent the entry of new matter or to require 
reexamination. Removal of the "prime" from the denominator of Equation (I) is not 
deemed to represent the entry of new matter or to require reexamination. 

In light of the preceding remarks, Equation (I) in each of Claims 1 and 9 
should appear as follows. 

Ma HX + .) 

« = (I) 



Mo6398 



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In light of the showing in accordance with 35 U.S.C. § 255, the preceding 
remarks, and the concurrent authorization for the Office to deduct payment of the 
fee under 37 C.F.R. § 1.20(a) from Applicants' deposit account 13-3848, entry of the 
present Certificate of Correction is respectfully requested. 



Bayer MaterialScience LLC 
100 Bayer Road 

Pittsburgh, Pennsylvania 15205-9741 
(412) 777-3808 

FACSIMILE PHONE NUMBER: 
(412) 777-3902 



Respectfully submitted, 



By 




James R. Franks 
Agent for Applicants 
Reg. No. 42,552 



s:\shared\jmfVJRF031 4 



Mo6398 



-3- 



?■ 

IN THE CLAIMS 

Please cancel Claim 16. 

Please amend Claims 12, 18 and 21. 

1-11 (Cancelled) 

12. (Currently Amended) Nickel mixed hydroxide with Ni as the main 
element and with a layer structure, comprising 

a) at least one element M a from the group comprising Fe, Cr, Co, Ti, Zr 
and Cu which is present in two different oxidation states which differ by one electron 
in terms of the number of outer electrons , wherein the degree of oxidation a of the 
element IVU, defined according to the following formula (0. is from 0.25 to 0.75 

wherein M/ (x+1) means the molar Quantity of the element M a in the higher 

oxidation state, and M a +(x) the molar Quantity of the element M a in the 
lower oxidation state, and x is a number between 1 and 3 : 

b) at least one element M b from the group comprising B, Al, Ga, In and 
rare earth metals present in the trivalent oxidation state; 

c) optionally at least one element M c from the group comprising Mg, Ca, 
Sr, Ba and Zn present in the divalent oxidation state; 

d) apart from the hydroxide, at least one additional anion selected from 
the group consisting of halides, carbonate, sulfate, acetate, oxalate, 
borate and phosphate in a quantity sufficient to preserve the 
electroneutrality of the mixed hydroxide; and 

e) water of hydration in a quantity which stabilizes the relevant structure 
of the mixed hydroxide. 

13. (Previously Presented) The nickel mixed hydroxide according to Claim 
12, wherein the proportion of Ni is from 60 to 92 mol % and the total proportion of 
the elements M a , M b and M c is from 40 to 8 mol %, in each case based on the total 
amount of Ni, M a , M b and M c . 



14. (Previously Presented) The nickel mixed hydroxide according to Claim 
Mo-6398 -2- 



12, wherein the proportion of the element M a is from 10 to 40 mol %, based on the 
total amount of the elements M a , M b and M c . 

15. (Previously Presented) The nickel mixed hydroxide according to Claim 
12, wherein the proportion of the element M c is from 1 to 30 mol %, based on the 
total amount of elements M a , M b and M c . 

16. (Cancelled) 

17. (Previously Presented) The nickel mixed hydroxide according to Claim 
12, wherein the nickel mixed hydroxide is in the form of a powder with an average 
particle size from 1 to 100 jxm. 

18. (Currently Amended) The nickel mixed hydroxide according to Claim 
12, wherein the rare earth metals of the element M b are selected from the group 
consisting of ScSG, Y and La. 

19. (Previously Presented) The nickel mixed hydroxide according to Claim 
12, wherein the halides are selected from the group consisting of fluoride and 
chloride. 

20. (Previously Presented) The nickel mixed hydroxide according to Claim 
12, wherein the nickel mixed hydroxide is a cathode material in an alkaline battery. 

21 . (Currently Amended) A process for preparing a nickel mixed hydroxide 
with Ni as the main element and with a layer structure, comprising: 

a) at least one element M a selected from the group consisting of Fe, Cr, 
Co, Ti, Zr and Cu which is present in two different oxidation states which differ by 
one electron in terms of the number of outer electrons , wherein the degree of 
oxidation a of the element IVU, defined according to the following formula ( I), is from 
0.25 to 0.75 

M a +(x+1) + M. a 

wherein M g +(x+1) means the molar quantity of the element M g in the higher 

oxidation state, and M g * (x) the molar Quantity of the element M, in the 
Mo-6398 -3- 



lower oxidation state, and x is a number between 1 and 3 : 

b) at least one element M b from selected from the group consisting of B, 
Al, Ga, In and rare earth metals present in the trivalent oxidation state; 

c) optionally at least one element M c selected from the group consisting 
of Mg, Ca, Sr, Ba and Zn present in the divalent oxidation state; 

d) apart from the hydroxide, at least one additional anion selected from 
the group consisting of halides, carbonate, sulfate, acetate, oxalate, 
borate and phosphate in a quantity sufficient to preserve the 
electroneutrality of the mixed hydroxide; and 

e) water of hydration in a quantity which stabilizes the relevant structure 
of the mixed hydroxide, 

the process comprising reacting components required to obtain the 
relevant mixed hydroxides in the form of water-soluble salts of Ni and of the 
elements M a , M b and optionally M c in a basic, aqueous medium for the co- 
precipitation of hydroxide reaction products with the formation of a homogeneous 
suspension of said reaction products, 

wherein either water-soluble salts of the element M a are used in different 
oxidation states or a water-soluble salt of the element M a is used in the lower 
oxidation state and a partial oxidation is carried out until the desired ratio is obtained 
between the different oxidation states of the element M a , or a water-soluble salt of 
the element M a is used in the higher oxidation state and a partial reduction is carried 
out until the desired ratio is obtained between the different oxidation states of the 
element M a , separation of the water from the suspension, and drying of the reaction 
products. 

22. (Previously Presented) The process according to Claim 21 , wherein at 
least one of the reaction components is introduced into the aqueous medium by 
anodic oxidation of the corresponding metal. 

23. (Previously Presented) The process according to Claim 21 , wherein 
the reaction is carried out at a pH from 8 to 13. 



24. (Previously Presented) The process according to Claim 21, wherein 
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PTO/SB/44 (04-04) 
Approved for use through 04/30/2007. OMB 0651-0033 
U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE 
Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. 
(Also Form PTO-1 050) 

UNITED STATES PATENT AND TRADEMARK OFFICE 

CERTIFICATE OF CORRECTION 



PATENT NO : 6,849,208 
DATED : February 1, 2005 
INVENTOR(S) : Viktor Stoller et aL 

It is certified that error appears in the above-identified patent and that said Letters Patent 
is hereby corrected as shown below: 

In Claim 1, at column 12, line 20, delete Equation (I) and insert the following: 

M a +(x+I> 

a= (I) 

M a +(X * l) + M a +X 



In Claim 9, at column 13, line 10, delete Equation (I) and insert the following: 



a= (I) 

M a +(x+1) + M a +X 



MAILING ADDRESS OF SENDER: PATENT NO. 6,849,208 

James R. Franks 



Bayer Material Science LLC N 0 0 f additional copies 

Patent Department 

100 Bayer Road i N 

Pittsburgh, PA 15205-974 1 1 / 

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