Ex parte ITOZAKI et al. - Page 5




          Appeal No. 95-3312                                                          
          Application 08/167,437                                                      


          page 10).  This argument is not well taken because appellants’              
          specification is not prior art.                                             
               The examiner argues that Aida discloses depositing                     
          superconducting thin films on different substrates such as MgO              
          and shows that there is minimal reaction between the two                    
          layers and that superconducting properties will not                         
          deteriorate if a                                                            




          superconducting layer is formed adjacent to MgO layer (answer,              
          page 4).  Aida teaches that YBa Cu O  and MgO have similar                  
                                         2  3 7-x                                     
          coefficients of thermal expansion (Table 1, page L1490) and                 
          that a film of a YBa Cu O  superconductor on an MgO substrate               
                              2 3 7-x                                                 
          has a critical temperature of 81EK (page L1489).  We do not                 
          find in Aida, however, a teaching that there is minimal                     
          reaction between MgO and a YBa Cu O  superconductor layer, as               
                                        2  3 7-x                                      
          asserted by the examiner.                                                   
               The examiner argues that Lee’s zirconium oxide buffer                  
          layer has minimal reaction with the superconducting layer and               
          that it would have been obvious to one of ordinary skill in                 
          the art to substitute other insulating films, such as MgO, as               
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