Interference No. 101,981
the cooling rate of the oven according to the Beyers
teachings, did meet the count.
See also Batlogg’s brief (BaB 45):
Dr. Parkin’s diamagnetic shielding measurements are
inherently incapable of determining whether at least 90% of any
1-2-3 sample has orthorhombic crystal structure.
Although we dismiss the motion because our decision does not
depend on discrepancies in results obtained from different tests
for evaluating purity, we see no good reason why Beyers should
withhold data critical to the issue of whether a party had
conceived or actually reduced to practice a composition
consisting of Ortho I structure. Had we had the need to address
that issue to determine priority, we would have granted Qadri’s
motion.
Motion QM3
Qadri (paper no. 217(3)) moves under 37 C.F.R. § 1.656(h)
“to exclude from evidence Exhibit BX13, which has been offered
into evidence by the Party Batlogg et al.” This exhibit, which
is in Batlogg’s record (Batlogg Exhibit BX13), includes a letter
dated August 9, 1991, from Beyers to Qadri (and sent to Batlogg).
It states that Beyers:
have no x-ray measurements made on the materials listed in
the middle of page 4 of the application. We did find an x-
ray analysis for a sample of Y 1Ba2CuOy. The analysis was
77
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