QADRI et al. v. BEYERS et al. v. BATLOGG et al. - Page 76




          Interference No. 101,981                                                   



               Qadri filed a reply (paper no. 242).  In their reply, Qadri           
          states that this information is insufficient because Beyers                
          witness Parkin has stated (BeR 533-49) on cross-examination that           
          the purity of the samples also depends on the samples’                     
          homogeneity – which was tested by field cooled and zero-field              
          cooled magnetization tests (BeR 533-7).  The latter data, Qadri            
          argues, is necessary for a complete cross-examination of Parkin’s          
          expert testimony.                                                          
               The issue of whether % superconductivity of a sample can be           
          determined by x-ray diffraction appears to have been an important          
          issue to the parties.  Qadri states (QB 11-12):                            
                    Party Beyers relies, in its case-in-chief and on                 
               rebuttal, on DC magnetization tests to show phase purity;             
               Party Batlogg and Party Qadri do not.                                 
                    The AC magnetic susceptibility test does not provide a           
               quantitative indication of the amount of superconducting              
               phase. BAR 560, lines 20-23                                           

          See also Beyers brief (BeB 25-26):                                         
               Experimental proof of the need for slow cooling is given by           
               the testimony of Dr. Stuart Parkin (Beyers p. 503-516). Dr.           
               Parkin performed dc magnetic shielding measurements on                
               samples to measure their superconducting phase purity. He             
               examined five samples, all prepared essentially the same,             
               except for the differences in cooling time.  His                      
               experimental results are shown in Table I of Beyers p.                
               506....  The first three samples were prepared according to           
               the Batlogg patent application instructions.  They did not            
               meet the count. . . . The last two samples, which were                
               cooled slowly by deliberately and affirmatively controlling           

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