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
Interference
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
c
cladding that is in contact with the oxide powder consists
essentially of normal metal that is substantially inert with
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