Appeal No. 96-1075
Application 08/041,737
superconductor region is formed is given no patentable
weight in claims drawn to structure of the final product"
(FR7). However, claims 22-25 have been canceled and did not
contain such limitations. Claims 61, 66, 71, and 76 recite:
"a layer . . . for preserving the semiconductor properties
. . . during formation of said superconductor region"
(claim 61); "a layer . . . protecting said semiconductor
region from contamination during formation of said
superconductor region" (claim 66); "means . . . for
protecting said semiconductor region from contamination
during formation of said superconductor region" (claim 71);
and "means . . . for preserving the semiconducting
properties . . . during formation of said superconductor
region" (claim 76). Appellants argue that "Applicants'
recitations of the function performed by the recited layer
of preserving the semiconducting properties and protecting
from contamination are structural, not product-by-process"
(Br21).
Since the layer or means performs the function or has
the property of "preserving" or "protecting" the
semiconductor region "during formation of said
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