Ex parte YOUNG et al. - Page 2




          Appeal No. 95-0537                                                            
          Application No. 08/077,709                                                    


          rejection of claims 1-9, all of the claims pending in the                     
          application.  Claims 1 and 6 are illustrative of the subject                  
          matter on appeal and read as follows:                                         
               Claim 1.  A superconductive device comprising:                           
               a high temperature superconductive film of at least one                  
          micron square having at least 80% by volume a-axis oriented                   
          and c-axis aligned in one preferential direction on                           
               a substrate having an anisotropic surface cell.                          
               Claim 6.  A superconductive device comprising:                           
               a high temperature superconductive film of at least one                  
          micron square including a-axis oriented domains, where the a-                 
          axis domains have a c-axis alignment in one preferential                      
          direction on                                                                  
               a NdGaO  substrate.                                                      
                      3                                                                 
               The references relied upon by the examiner are:                          
          Gallagher et al. (Gallagher)   4,962,086     Oct.  9, 1990                    
          Beasley et al. (Beasley)       5,047,385     Sep. 10, 1991                    
          (filed Jul. 20, 1988)                                                         
          C. B. Eom et al. (Eom), “Epitaxial and Smooth Films of a-Axis                 
          Yba Cu O ,” 249 Science 1549 (Sep. 28, 1990).                                 
             2  37                                                                      
               The following rejections are at issue in this appeal:                    
               (1) Claims 1-9 are rejected under 35 U.S.C. § 112, first                 
          paragraph, as containing new matter.                                          
               (2) Claims 1-9 are rejected under 35 U.S.C. § 112,                       
          second paragraph, as being indefinite for failing to                          
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