Ex parte TENBRINK et al. - Page 3




                 Appeal No. 95-3209                                                                                                                     
                 Application No. 08/020,304                                                                                                             


                 Japanese Kokai patent                                 56-59530                                     May 23,                             
                 1981                                                                                                                                   
                 (Takizawa)                                                                                                                             
                 Perng et al. (Perng), “Y-Ba-Cu-O superconducting films grown                                                                           
                 on (100) magnesia and sapphire substrates by a melt growth                                                                             
                 method without crucible,” Supercond. Sci. Technol., Vol. 3                                                                             
                 (1990) pp.                                                                                                                             
                 233-237.2                                                                                                                              

                          Claims 1, 2, 6, 8, 11, 15 and 18 are rejected under 35                                                                        
                 U.S.C. § 103 as being unpatentable over Yamamoto in view of                                                                            
                 the admitted prior art on pages 1 and 2 of the Appellants’                                                                             
                 Specification.                                                                                                                         
                          Claims 3, 7, 9 and 10 are rejected under 35 U.S.C. § 103                                                                      
                 as being unpatentable over Yamamoto in view of the admitted                                                                            
                 prior art as applied above, and further in view of Takizawa.                                                                           
                          As a preliminary matter, we observe that the appealed                                                                         
                 claims will stand or fall together as grouped in the above                                                                             
                 noted rejections;  see page 4 of the Brief.                                                                                            


                                                                     OPINION                                                                            



                          2The Perng reference has been relied upon by the                                                                              
                 examiner as evincing the solid/molten characteristics of                                                                               
                 Yamamoto’s composite material.                                                                                                         
                                                                           3                                                                            





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