Appeal No. 98-2457 Application No. 08/851,312 According to the examiner (answer, pages 3-5), Jin et al. discloses a process for manufacturing a superconducting elongated article, comprising the steps of: filling a silver pipe with material powder of a superconducting compound oxide; subjecting the silver pipe filled with the material powder to first and second plastic deformation steps, thereby reducing the cross section of the silver pipe and producing a composite body; sintering the material powder filled in the silver pipe; and then slowly cooling the composite body. (See the final paragraph of column 5 and the initial paragraph of column 6). Jin et al. fails to expressly disclose the following: 1) that the first plastic deformation step is "cold-plastic deformation", and the second plastic deformation step is "hot-plastic deformation"; and 2) controlling the cooling rate of the cooling step to be "less than 50EC/min". Regarding 1), in column 5, lines 59-65, Jin et al. states that the powder-filled tube is subjected to "cross section-reducing steps . . . either at room temperature or at . . . elevated temperatures". Accordingly, one having ordinary skill in the art would have found it obvious to have the cross section-reducing steps be all of one type, i.e. "hot" or "cold", or any combination thereof, depending on the results sought to be attained with regard to the oxide powder or the silver pipe. Alternatively, the exact type and sequence of plastic deformation steps performed by Appellant are deemed to be matters of design choice, because such type and sequence per se solve no stated problem nor serve any apparent purpose. The significance of performing cold- plastic deformation and then 6Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007