Appeal No. 98-2457
Application No. 08/851,312
which are all of the claims remaining in the application.
Claims 1 through 27, 37, 38, 50 and 52 through 90 have been
canceled.
Appellants’ invention relates to a method of fabricating
a superconductive article from a metal tube containing a
superconductive material powder. Independent claims 28 and 40
are representative of the subject matter on appeal and a copy
of those claims is attached to this decision.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Jin et al. (Jin) 4,952,554 Aug. 28,
1990
(filed Apr. 6, 1987)
Carl G. Johnson and William R. Weeks, Metallurgy, page 345
(5th ed., American Technical Society, 1977)
Claims 28 through 36, 39 through 49, 51, 91 and 92 stand
rejected under 35 U.S.C. § 103 as being unpatentable over Jin
"with/without the state of the art" (answer, page 3).
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