SAWADA et al. V. JIN et al. - Page 13

          Interference No. 103,141                                                    

          motions and setting a briefing schedule for the parties with                
          respect to Sawada’s request for final hearing in the matter of              
          the order to show cause.  The parties have filed main briefs                
          and Sawada filed a reply brief for final hearing.  The parties              
          waived oral hearing.                                                        
              Denial of Sawada Motion 1 to Add Proposed Count A to the                
                    The first issue raised for review is whether Judge                
          Smith erred in denying Sawada Motion No. 1 to add proposed                  
          count A to the interference.  Count A reads as follows:                     
                    Count A                                                           
                    Method of producing an elongate superconductive                   
          body, characterized in that the method comprises:                           
                    (a)  forming an intermediate body comprising a                    
          normal metal, orifice-free cladding surrounding a quantity of               
          oxide powder and in contact therewith;                                      
                    (b)  forming an elongate body from the intermediate               
          body by means of one or more cross-section-reducing                         
          operations; and                                                             
                    (c)  heat treating the normal metal, orifice-free                 
          cladding such that substantially sintering of the oxide powder              
          occurs, with the oxide powder being in contact with an oxygen               
          containing atmosphere during at least a part of step (c) such               
          that the thus produced body manifests superconductivity, with               
          T  of 30K or above, wherein at least the portion of the                     
          cladding that is in contact with the oxide powder consists                  
          essentially of normal metal that is substantially inert with                


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