Appeal No. 96-1530
Application No. 07/767,488
The limited crystal size prevented the thorough
measurements of the physical properties of this
interesting material. Thus it is necessary to
obtain single crystals of much larger size for
further understanding of the superconductivity
phenomenon of this phase as well as for practical
use.
Also, nowhere does it teach or suggest that the plate-like
particles are useful for producing superconductive oxide wires
of the type described in the Jin reference. Nor does it teach
or suggest the importance of orienting the plate-like
particles in the claimed manner. See page L852, Figure 2(b)
showing the plate-like and rectangular particles in random
orientation. On this record, we agree with appellants that
the examiner has not supplied sufficient facts to establish a
prima facie case of obviousness within the meaning of 35
U.S.C. § 103.
Accordingly, we reverse the examiner’s decision rejecting
claims 8 through 14, 16 and 17 under 35 U.S.C. § 103.
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