Ex parte CAVA et al. - Page 2




             Appeal No. 96-1231                                                                                   
             Application 08/165,143                                                                               


             application.                                                                                         
                                                THE INVENTION                                                     
                                Appellants claim an article which includes a                                     
             quantity of material which exhibits superconductivity.  The                                          
             material has a   recited general formula which requires that                                         
             carbon and boron be    present within a specified C:B ratio                                          
             range.  Claim 1 is            illustrative and reads as                                              
             follows:                                                                                             
                    1.    An article comprising a quantity of material that                                       
             exhibits superconductivity,                                                                          
                          CHARACTERIZED IN THAT                                                                   
                          the material is an intermetallic material of general                                    
             formula M M' B C , where 0.5 # y # 1.5,2 # z # 6,1 # x' # 4,                                         
                         y  z  x' x                                                                               
             and x:x' is in the range 0.05-2, with M selected from the                                            
             group consisting of Y, the lanthanides, and combinations                                             
             thereof, and M' selected from the group consisting of Ni, Pd,                                        
             and Ni and Pd.                                                                                       
                                               THE REFERENCES                                                     
             Cava (Cava ‘755)               5,413,755         May   9, 1995                                       
             Cava et al. (Cava ‘530)        5,470,530         Nov. 28, 1995                                       
                                               THE REJECTIONS                                                     
                    Claims 1, 3 and 4 stand provisionally rejected under the                                      
             judicially created doctrine of obviousness-type double                                               
             patenting over claims 1-5 of co-pending Application                                                  

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