Appeal No. 95-3312
Application 08/167,437
long as they have the same characteristics as zirconium oxide
(answer, pages 8-9). The examiner, however, has not
established that magnesium oxide and zirconium oxide have the
same characteristics. We note that Gurvitch teaches that
magnesium oxide is chemically attacked more strongly than
zirconium oxide by a YBaCuO film (page 1027, second
paragraph).
For the above reasons, we find that the examiner has not
set forth a factual basis which is adequate to support a
conclusion of obviousness of appellants’ claimed invention.
DECISION
The rejections under 35 U.S.C. § 103 of claims 10, 11 and
26 under 35 U.S.C. § 103 over Henty, Lee and Aida, and of
claims 6-9, 12 and 13 over these references and Gurvitch,
Morris and Ray, are reversed.
REVERSED
JAMES D. THOMAS )
Administrative Patent Judge )
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