Ex Parte KIRKWOOD et al - Page 13



          Appeal No. 2002-0405                                                          
          Application No. 07/325,269                                                    

               Claims 19/6 - 19/8                                                       
               Chu teaches superconducting mixed metal oxides containing                
          copper (claim 19/6), barium (claim 19/7), and lanthanum (claim                
          19/8).  Since there would be no reason to expect that the claimed             
          compounds differ from those of Chu (see, supra, pp. 9-10), claims             
          19/6 - 19/8 are anticipated by, or obvious over, Chu.                         
               6.  Claims 19/9 and 22-24 are rejected under 35 U.S.C. § 103             
          as obvious over Chu in view of the admitted prior art.                        
               Claim 19/9                                                               
               Claim 19/9 is rejected as obvious over Chu in view of the                
          admitted prior art for the same reasons discussed above with                  
          respect to Bednorz.  See, supra, pp. 11-12.                                   
               Claims 22-24                                                             
               Chu discloses superconducting compositions represented by                
          the formula (La1-x-Bax)2CuO4-y wherein x=0.20 or 0.1515.  Chu, p.             
          405, col. 1.  It would have been obvious to have replaced La with             
          another Group III metal such as Y in the claimed formula given                
          Chu’s teaching that Ba may be replaced with Sr, i.e., another                 
          Group II metal (Chu, p. 407, col. 2), and the admitted prior art              
          which teaches that yttrium-barium-copper oxide compounds were                 

               15This falls within the range of appellants’ invention.  See,            
          supra, note 9.                                                                
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