Appeal No. 1998-2288
Application 08/600,150
or their use as pigments (Answer, page 6; Brief, pages 15-16).
Choy only discloses a mixed metal oxide within the formula of
claim 52 which is useful as an intermediate in the preparation
of a superconductor (Choy, pages 868-869). The examiner has
failed to point to any disclosure or suggestion in Choy that
this intermediate mixed oxide is useful as a pigment.
Similarly, Wu discloses a green phase of Y BaCuO in a
2 5
superconductor but the examiner has not established that Wu
discloses or suggests the use of this phase as a pigment in
the form of agglomerates, grains, and mixtures thereof as
required by claim 52 on appeal (Wu, page 3, ll. 8-11; claim
2). Finally, the Grigenaite abstract discloses the same green
phase of Y BaCuO in a superconductor as taught by Wu, although
2 5
additionally this abstract teaches a blue phase of Y Cu O .
2 25
The examiner has failed to present any convincing evidence or
reasoning that one of ordinary skill in the art would have
recognized the intermediates or phases of Choy, Wu or
Grigenaite as pigments merely because these compounds
themselves possess a color.
The tertiary references to Joyce, Katz, Bryson, Wanmaker
and Borrelli were applied by the examiner to either have given
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