Interference No. 101,981
similarly exhibit transition temperatures above 90 degrees K.
According to Batlogg they were indistinguishable and therefore
for all intents and purposes there is no difference between
Example 1 of Table 1 and Example 1 for Figures 2-4.
We have carefully reviewed Qadri’s position and arguments
but do not find that Qadri has made a persuasive case that
Batlogg’s disclosure could not enable one of skill in the art to
make the composition set forth in their claim 16. A factor in
our decision is that Qadri’s arguments 25 are directed to whether Batlogg’s
specification would enable the count, not Batlogg’s claim 16, which is the focus here. In re Van
Geuns, 988 F.2d 1181, 1184, 26 USPQ2d 1057, 1059 (Fed. Cir. 1993).
We understand that the cooling step and other processing steps play a significant role in
the content and placement of oxygen atoms within the orthorhombic structure. We also
understand that the oxygen content and placement influences the transition temperature at which
the material exhibits R=0, irrespective of whether the material exhibits this homogeneity or not.
But, to comply with the enablement requirement, Batlogg need not have had a detailed
25 In fact Qadri goes even further. Qadri argues that Batlogg does not
enable the count as they interpret it, which, as we have discussed, is
too narrow a construction. This is especially the case with respect to
their argument that samples made in accordance with Batlogg’s
specification were nonhomogeneous and did not contain at least 90% of
the ortho I material.
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