Ex parte KATO et al. - Page 9




          Appeal No. 1997-2917                                                        
          Application No. 08/351,697                                                  


          at 900EC. for four hours.  These pores are microscopic in                   
          nature, see Yi, pages 1175, column 2, and can be made more                  
          uniform by using particular acids, see Yi, page 1176, column                
          1.  Nakanishi also teaches that in the sol-gel method of the                
          type described in Yi and Kobayashi, a product of a sol-gel                  
          method sintered at the temperature described in Yi and                      
          Kobayashi can have micropores of substantially uniform                      
          diameter.  See column 1, lines 58-68 and column 3, lines 15-                
          17.  Given these teachings, we determine that one of ordinary               
          skill in the art would have been led to obtain porous                       
          superconductors having uniform pore sizes using the technique               
          taught in Yi, Kobayashi, and/or Nakanishi, motivated by a                   
          desire to obtain a superconductor having consistent desired                 
          properties along the entire length of Yi’s film.                            
               Appellants also argue that the temperature recited in                  
          claim 8 is not suggested by the applied prior art.  We do not               
          agree.  As indicated supra, Kobayashi teaches that a                        
          temperature of                                                              
          700E C. can be used to sinter the superconductor of the type                
          described in the Yi reference.                                              
               For the foregoing reasons, we hold that the applied prior              
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