Appeal No. 94-0105
Application 07/854,124
content and crystal structure from the superconducting YBCO,
in direct contradiction to the examiner’s position.
Accordingly, we find that the rejections of record lack a
factual basis for the legal conclusion that the substitution
of N-YBCO for PBCO would have been obvious to one of ordinary
skill in the art, based on the disclosure of Gao. Absent some
motivation, there can be no expectation of successfully
modifying a reference. We conclude the examiner has not
established a prima facie case of obviousness, and we reverse
the rejection of claims 1, 2, 4 and 5 over Gao.
Since the remaining references do not cure the
deficiencies of Gao, we are constrained to reverse the
remaining rejections of record.
REMAND
We remand this application to the examiner to
specifically consider the patentability of the appealed claims
over the following prior art:
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