This appeal stemmed from a final rejection of the claims for a secondary electrochemical cell comprising a cathode containing a nitroxyl polymer and a lithium or lithium alloy anode, wherein the cathode is in direct contact with the anode. The rejections included 35 USC 102 and 35 USC 103, relating to other Nakahara patents. More specifically, the independent claim required direct contact between the cathode layer and the anode. All of the rejections were reversed when the Board determined the cited prior art did not disclose direct contact between the cathode layer and the anode. The NEC Corporation patent is expected to issue in September 2016.