Interference No. 101,981
material of the count must have at least 90% of a AB2Cu3Oy where y is around 7.0 – amounts to
reading a limitation into the count. We have carefully reviewed the junior parties’ positions but
find that they adopt a species of the count to represent the entire count.
Beyers’ does not support their position with reference to their specification. In fact, after
reviewing the Beyers’ specification, we could find no reference to purity, a percentage, the
oxygen level corresponding to y.7.0, or the well-ordered homogeneous
material that that oxygen level creates. Instead, Beyers
discusses (BeB 6-7) something that their specification clearly
teaches (p. 2, lines 21-24): a step of slow cooling. Apparently
this processing step produces, inherently, the well-ordered
homogeneous sample with oxygen contents between y = 6.8 and 7.0
that Beyers argues is the subject matter of the count. In other
words, the “purity” phrase of the count is not being interpreted
by reference to a definition in the specification but rather
equated with a consistently-uniform high transition-temperature
superconductive material that Beyers would produce by following
the process set forth in their application. However, while Beyers
may be describing a material which is desirable, the count does
not require it. A material that is, for example consistently
uniform, is nowhere mentioned in the count. To read such a
limitation into the count would, in our view, unreasonably narrow
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