Interference No. 101,981
barium carbonate from the disclosed class of “carbonates” (Batlogg specification, p. 8, line 17)
amounts to anything other than routine skill.
Regarding Qadri’s argument that compositions other than yttrium-barium-cuprate are not
enabled, Qadri does not explain why their manufacture would require undue experimentation.
Finally, regarding the data, we do not see, and Qadri has not explained, how a possible
misdescription of data describing the resulting composition affects the ability of one skilled in
the art to make the claimed composition.
We find therefore that Qadri has not met their burden of showing that one with skill in the
art would not have been enabled to make the composition of claim 16. We have reviewed the
additional grounds for reconsidering the APJ’s decision of their Preliminary Motion for judgment
and, for the foregoing reasons, Qadri has not sustained their burden and therefore we find no
error in the APJ’s denial.
We note that Batlogg has filed Motions to Suppress Evidence under 37 C.F.R. §§1.635
and 1.656(h) (paper no. 223 (1) and (2)) (BaM2; BaM3) against any testimony and exhibits
Beyers or Qadri have put forward in support of their positions that Batlogg fails to satisfy
enablement. We, as the Board, have considered all the evidence argued in the brief and still find
that Qadri has not sustained their burden. Since we find Batlogg has satisfied the enablement
requirement, Batlogg’s motions to suppress are moot.
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