Appeal No. 95-4799
Application 07/996,516
Reference is made to the briefs and answer for the
respective details of the positions of appellants and the
examiner.
OPINION
We reverse.
With regard to Ishibashi, the examiner contends that
Figures 3(a) and (b) of that reference disclose a series-
connection of 4 superconducting tunnel junctions for reasons set
forth at pages 7-9 of the answer which we incorporate herein.
For their part, appellants contend that these Figures of
Ishibashi disclose that the connection is a parallel, and not a
series, one, for reasons set forth at pages 1-3 of the reply
brief, and which we incorporate herein.2
While both appellants and the examiner appear to set
forth cogent reasons for their respective positions as to whether
the connection is parallel or serial, Ishibashi is simply not
clear as to the particular connection. Therefore, we would need
to resort to some speculation in determining what is the true
type of connection. A rejection under 35 U.S.C. 102(b) may not
rely on speculation. Accordingly, we will not sustain the
We note that in the reply brief, appellants refer to2
"attached Exhibit A" and "attached Exhibit C." However, we have
found no such Exhibits of record.
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