Interference No. 101,981
single-phase material in the composition of the count. The APJ made no mention of oxygen
levels or Ortho I structures. As long as the composition comprised at least 90% of a single phase
exhibiting the stated superconductive property, the APJ held that the composition was at least
90% pure and met the count. The APJ’s holding is clear and unambiguous and we find no error
in that holding.
Second, we agree with Batlogg (BaB 26-27) that, even if a case could be made that the
count is ambiguous, it would have to be construed in light of the originating application.
The applicable law is clear and firmly established. Counts should be given the broadest
interpretation which they will reasonably support. The word "reasonably" should not be
deleted nor should the language be given an unwarranted over-broad interpretation. Jepson
v. Egly et al. 1956 C.D. 233, 43 CCPA 853, 231 F.2d 947, 109 USPQ 354; Jones v.
Kuprion, 1956 C.D. 77, 42 CCPA 1095, 225 F.2d 485, 107 USPQ 9 ; Clark v. Camras, 673
O.G. 305, 204 F.2d 273, 97 USPQ 434. Further, if the language of a count is ambiguous or
susceptible of more than one meaning it should be construed in the light of the originating
application. Carter v. Kellgren et al., 1948 C.D. 345, 35 CCPA 989, 166 F.2d 592, 77
USPQ 102.
Davidson v. Carpenter, 123 USPQ 171, 174 (Bd. Pat. Int. 1959).
For the following reasons, Batlogg’s application is the originating application for purposes of
interpreting the count.
All parties agree that development of the subject matter of this interference occurred at a very
rapid pace. This is reflected by the three interfering applications. From Batlogg to Beyers to
Qadri, information about the high transition temperature superconducting fraction of the
orthorhombic phase is given in progressively more detail. If we are to give the count the
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