QADRI et al. v. BEYERS et al. v. BATLOGG et al. - Page 22




          Interference No. 101,981                                                   




               Beyers and Qadri therefore define the count as containing             
          90% of a species of orthorhombic AB 2Cu3Oy where y is approximately        
          7.0. This is the narrow interpretation of the count.                       
               Batlogg (BaB 29), on the other hand, has a broader                    
          interpretation:                                                            
             [. . .] the count demands that the composition be at least              
             90% orthorhombic 1-2-3. The oxygen content must be such that            
             the composition has zero electrical resistance at 70°K or               
             above. These conditions can be readily verified by common               
             laboratory techniques, namely x-ray diffraction and                     
             resistance measurements. The count could not possibly require           
             that at least 90% of the composition be of the “Ortho I”                
             variety since, inter alia, there exist no readily available             
             techniques for ascertaining existence of this condition, and            
             since there is no support for this interpretation in any of             
             the involved applications.                                              
               We can summarize the positions of the parties (i.e., the              
          gray boxes) as follows:                                                    

           Chu (prior art)      Batlogg    Beyers/Qadri                              
                                                                                    
               A2B1Cu3O                                                              
               green                                     – superconducting           
                         tetrahedral                                                 
                         y#6.3                      – superconducting                
                                                                                    
               A1B2Cu3Oy   orthorhombic   (ortho II)                                 
                black     y=6.4-7.0     y=6.4-6.8      superconducting <70°K         
                                   (ortho I)                                         
                                   y=6.9-7.0      superconducting >70°K              


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