Appeal No. 95-4799
Application 07/996,516
less than some number. However, the claims do not merely recite
"some number." Rather, that number must be as set forth in the
claimed relationship, i.e., N is greater than the larger of
either 3 or B, where B is proportional to a product of total area
of the tunnel junctions and the capacitance per unit area of the
tunnel junctions. Also, N must be less than the larger of C and
D where C and D are also defined as being proportional to the
product of the total area and capacitance per unit area of the
tunnel junctions.
Thus, even if Ishibashi is considered to disclose 4
series-connected superconducting tunnel junctions, depending on
the values of the total area and capacitance per unit area of the
tunnel junctions, Ishibashi may or may not anticipate the claimed
subject matter because, depending on these values, N=4 may not
meet the claimed limitations. Similarly, with regard to Irwin,
this reference does not indicate any relationship, as claimed,
between the number N of tunnel junctions and the total area and
capacitance per unit area of the tunnel junctions.
Further, not only do Ishibashi and/or Irwin not
anticipate the subject matter of claim 11 under 35 U.S.C. 102(b),
but we find nothing in either of those references which would
have suggested the subject matter of claim 16, i.e., the
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