A non-aqueous battery has a positive electrode having a composition essentially represented by a formula LixNiOy (0 < x </= 1.3 and 1.8 < y < 2.2), a negative electrode having a material which occludes and releases lithium reversibly and a non-aqueous electrolyte. The composition has a ratio of I104 to I003 ranging from 0.35 to 0.68 when measured by an X-ray powder diffraction method using CuK mu as a target. The I104 represents a peak in tensity of reflection of X-rays at an angle about 2 theta = 44 degrees with respect to the lattice plane (104), and the I003 representing another peak intensity of reflection of X-rays at an angle about 2 theta = 19 degrees with respect to the lattice plane (003).
