Interference No. 101,981
understanding of Y-Ba-Cu-O chemistry. It is sufficient that they teach a method of making a
composition that achieves the stated superconductive property. Qadri has the burden of showing
that, given the information in Batlogg’s specification, obtaining the claimed product would
require undue experimentation. “To be enabling, the specification of a patent must teach those
skilled in the art how to make and use the full scope of the claimed invention without undue
experimentation." Genentech v. Novo Nordisk, 108 F.3d 1361, 1365, 42 USPQ2d 1001, 1004
(Fed. Cir. 1997).
From our reading of the record, the manufacturing process is not especially complicated
and appears to have become routine after many years of developing superconductive materials.
Batlogg’s specification (p. 8, lines 13-15) states that “[f]or many purposes, it is an advantage of
the invention that fabrication of superconducting elements may utilize standard ceramic
processing.” (Beyers and Qadri applications place greater stress on the processing variables but,
again, this is because of their intention to make a more homogeneous A1B2Cu307.) On the other
hand, Batlogg’s specification is not devoid of specifics (see pp. 8-9). The most crucial and
difficult aspect of the process appears to rest on the selection of the right ingredients in the right
proportions. This Batlogg appears to have done (p. 6).
With respect to Batlogg’s disclosure of barium oxide instead of the better choice barium
carbonate, this does not establish a lack of enablement for the claimed composition. Qadri has
not shown that the claimed composition could not be made from barium oxide nor that selecting
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