Interference No. 101,981
calcining, grinding and sintering steps; imprecise cooling and
annealing parameters; and barium oxide starting material which is
impure and highly hydroscopic. Qadri (QB 69-70) also points out
that Batlogg’s application does not teach the importance of
oxygen content or crystallographic structure for the composition
(i.e., Ortho I) and therefore cannot guide one to select the
proper manufacturing steps and parameters to achieve it. Qadri
further argues (QB 70-72) that samples made in accordance with
Batlogg’s specification were nonhomogeneous and did not contain
at least 90% of the ortho I material. Qadri also argues (QB 72-
73) that similar enabling problems exist with respect to
compositions other than those based on yttrium-barium-cuprate.
Finally, according to Qadri, the APJ found that Batlogg enabled
the essentially single phase composition described in Batlogg’s
Example 1 and Figure 4 but evidence adduced since then shows that
the material of Example 1 and Figure 4 are different.
Batlogg (BaB 51-52) responds by arguing that neither slow
cooling nor crystal structure are necessary to enable the Batlogg
claim 16. Regarding the data, Batlogg (BaB 52-54) explains that
the two samples came from the same batch but were sintered at
different temperatures. Different samples notwithstanding, the
results for the two samples are said to be nearly the same and to
60
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