QADRI et al. v. BEYERS et al. v. BATLOGG et al. - Page 16




                Interference No. 101,981                                                                                                   



                superconductivity.14 The three parties herein were aware of this in late February 1987                                     
                (BaB, p. 18, line 23 [i.e., 2/26/87]; BeB, p. 11, line 4 [i.e., 2/27/87]; QB, p. 18, line 24 [i.e.,                        
                2/27/87]) and undertook an immediate investigation. It has since been shown that this                                      
                composition comprises two phases: a green insulating phase of Y2Ba1CuOy and a black                                        
                conducting phase of YBa2Cu3Oy (BaB, p. 42, lines 20-23; BeB, p. 12, lines 13-22 and p. 13, lines                           
                15-18; QB, pp. 18-20 and specification, p. 4, lines 6-10).                                                                 
                        All three parties filed applications to the superconducting material and designated  the                           
                material as having the general formula AB2Cu3OY, now referred to as 1-2-3.  Batlogg’s                                      
                application, filed March 3, 1987, discloses and claims (claim 1) a composition having the                                  
                formula M2M’Cu3O9-* where * is at least 1.  Beyers’ application,                                                           
                filed March 11, 1987, discloses and claims (claim 1) a                                                                     
                composition of the formula A1±xM2±xCu3Oy where x is between 0 and                                                          
                0.5 and y is sufficient to satisfy the valence demands (p. 2,                                                              
                lines 8-10).  Qadri’s application, filed February 22, 1988,                                                                
                discloses and claims (claims 24-25) their superconducting                                                                  
                composition as having the general formula YBa 2Cu3O7                                                                       
                (specification, p. 5, lines 22-23).  There is no dispute                                                                   


                14 “Currently, we are in the process of separating the different phases in YBCO and examining the                          
                structural, electrical and magnetic properties of each phase to search for an answer to the question                       
                concerning the unusually high Tc in this system.” Chu et al., Phys. Rev. Letters, 58, 408 (1987), p. 5.                    
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