Ex parte SIMON et al. - Page 3




         Appeal No. 1997-0054                                                      
         Application No. 08/308,781                                                


              11.  A superconductor coplanar waveguide comprising:                 
              (a) a lanthanum aluminate substrate; and                             
              (b) at least one superconductor film on the lanthanum                
         aluminate substrate.                                                      
              The present application is related to two other applications         
         presently before us on appeal, U.S. Application No. 08/433,818            
         (Appeal No. 1997-2063) and U.S. Application No. 07/803,935 (Appeal        
         No. 1995-5082).  All three applications are, ultimately,                  
         continuations of U.S. Application No. 07/233,637, filed August 18,        
         1988, now U.S. Patent No. 5,523,282.                                      
              Appealed claims 11-14, 17-23, 26-32 and 37-46 stand rejected         
         under 35 U.S.C. § 112, first paragraph, as being based upon a non-        
         enabling disclosure.1                                                     
              Upon careful consideration of the opposing arguments presented       
         on appeal, we will not sustain the examiner's rejection.  Our             
         rationale for concurring with the position articulated by appellants      
         can be found in our decision in                                           
         co-pending application, U.S. Application No. 08/433,818 (Appeal No.       
         1997-2063), which decision we incorporate herein.                         


              1 The examiner has withdrawn the provisional double patenting        
         rejection (see page 1 of Answer).                                         
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