Ex Parte Rupich et al - Page 2


                Appeal 2007-2236                                                                                   
                Application 10/991,738                                                                             
            1          The application on appeal was filed on 18 November 2004.                                    
            2          The application was published on 09 March 2006 as Publication                               
            3   2006/0051600 A1.                                                                                   
            4          Rupich claims benefit of an earlier filing date based on (1) application                    
            5   10/673,307, filed 29 September 2003, which is said to be (2) a division of                         
            6   application 09/855,312, filed 14 May 2001, which is said to be (3) a                               
            7   continuation-in-part of application 09/694,400 filed 23 October 2000.                              
            8          The real party in interest is American Superconductor Corporation.                          
            9   Supp. Appeal Brief 1.                                                                              
          10           The Examiner rejected claims 89-91 under 35 U.S.C. § 103(a) as                              
          11    being unpatentable over Gupta and Mizuta.                                                          
          12           The Examiner has also rejected claims 92-96 as being unpatentable                           
          13    under 35 U.S.C. § 103(a) over Gupta, Mizuta and Kobayashi.                                         
          14           The following prior art was relied upon by the Examiner.                                    
          15                                                                                                       
          16           Name                 Patent Number            Publication Date                              
          17    Kobayashi   US 5,304,533  19 Apr. 1994                                                             
          18    Mizuta  EP 0 277 202 B1  19 Apr. 1995                                                              
          19                                                                                                       
          20           Gupta, Superconducting oxide films with high transition temperature                         
          21    prepared from metal trifluoroacetate precursors, 52 Applied Physics Letters                        
          22    2077-2079 (1988).                                                                                  
          23                                                                                                       
          24           Kobayashi, Mizuta and Gupta are prior art under 35 U.S.C. § 102(b).                         
          25                                                                                                       
          26           B.  Record on appeal                                                                        
          27           In deciding this appeal, we have considered only the following                              
          28    documents:                                                                                         

                                                        2                                                          

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: September 9, 2013