Appeal No. 1996-2718
Application No. 08/221,207
support is not found in the specification as originally filed.6
We reverse this rejection under 35 U.S.C. ' 112, first paragraph. Support is found in the
following excerpt from p. 3, lines 15-17, of the originally filed specification:
With the development of gas fiberization techniques by The
Babcock & Wilcox Company, the preparation of the high
temperature superconductor Bi2Sr2Ca1Cu2O8 from the melt
became possible.
Regardless of its location in the background section of the specification, the excerpt clearly
indicates that the subject matter of the present invention includes superconductors of the
formula Bi2Sr2Ca1Cu2O8. The originally filed specification has conveyed, with
reasonable clarity to one of ordinary skill in the art, that the appellants were in possession
of the claimed invention on the date of filing. See Vas-Cath, Inc. v. Mahurkar, 935 F.2d
1555, 1563-64, 19 USPQ 2d 1111, 1117 (Fed. Cir. 1991).
Rejections under 35 U.S.C. ' 103
The examiner rejects claims 1-4, 7, 8, and 10 under 35 U.S.C. ' 103 as
unpatentable over Walz in view of Bock. Even though Walz does not teach
superconducting materials, the examiner maintains that Bock teaches Bi based
superconducting materials which can be shaped by melting and thus it would have been
obvious to one of ordinary skill in the art at the time the invention was made to use the Bi
based superconducting material of Bock in the fiber-making process of Walz.7 The examiner
6 Supra, p. 8.
7 Supra, p. 5.
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007