Interference No. 101,981
of values amount to an inventive contribution? Similarly,
Qadri's reliance on Lazo is misplaced. As noted by Batlogg, Tso
was in possession of the conception of a species within the count
before Lazo entered the field, and the research plan only
involved testing of that and other species.
Qadri, nevertheless, points to knowledge the Qadri inventors
had acquired by March 2, 1987. They recognized the oxygen
sensitivity of the superconducting material (QR 82, Qadri Exhibit
2, page 43). By March 3, 1987 they recognized rather "strong
diffraction peaks at about 32 degrees" in superconducting sample
176 (QR 83, paragraph 40). Qadri points out, on page 47 of their
brief, that from "March 2 until reduction to practice, all
samples prepared by the Party Qadri for x-ray analysis and
resistivity testing contained ... either 40% Cu or 50% Cu." Qadri
presents attorney argument that, as of March 2, 1987, the "Party
Qadri had sufficient knowledge to enable a person skilled in the
art to make and use the claimed invention without extensive
research and experimentation." However, Qadri does not explain
why all the activities which occurred did not constitute
extensive experimentation. In fact, it appears that the party
Qadri had no knowledge of the exact stoichiometry until the APS
meeting of March 18, 1987 (QR 194, 195). Had that information
42
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