Ex parte BURNS et al. - Page 9




          Appeal No. 96-1075                                                          
          Application 08/041,737                                                      

          superconductor region," it is implied that the layer or                     
          means is formed before the superconductor region.  The order                
          of putting down the barrier layer and the superconductor                    
          results in different devices; i.e., a device where the                      
          barrier layer is formed after forming the superconductor is                 
          different than a device where the barrier layer is formed                   
          before forming the superconductor because the semiconductor                 
          would be contaminated when the barrier layer is formed last.                
          Further, the order precludes a device where the layer is                    
          deposited on top of the semiconductor and superconductor.                   
          Thus, claims 61, 66, 71, and 76 require the layer or means                  
          to be deposited before the superconductor.                                  
               By comparison, claim 52 does not contain any                           
          limitations about the "barrier layer" preserving or                         
          protecting "during formation of said superconductor region."                
          The order of the limitations in claim 52 do not constitute                  
          an order of manufacture; i.e., the fact that the "barrier                   
          layer" is recited before the "superconductor region formed                  
          on said substrate" does not imply that the barrier layer is                 
          constructed before the superconductor region.  The "barrier                 
          layer" can be formed before or after the superconductor                     

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