Ex parte BOZOVIC et al. - Page 2




          Appeal No. 1997-1454                                                        
          Application No. 07/931,632                                                  


          pursuant to 37 CFR 1.142(b) as being drawn to a non-elected                 
          invention (see Paper No. 19) and, thus, are not before us.                  
               The claims on appeal relate to a thin film of a                        
          superconducting compound having the formula M  CuO  where "M"1-X   2-y                      
          represents one or more alkaline earth metals, "x" is 0.05 to                
          0.3, and X>Y.  The film is composed of alternating atomic                   
          monolayers of CuO  and "M", and the layers formed by "M" are                
                           2-y                                                        
          required to contain about 5-30% metal-atom vacancies,                       
          consistent with the value of "x" in the aforementioned                      
          formula.                                                                    
               Appellants acknowledge on page 5 of their Brief that the               
          claims on appeal stand or fall together.  Accordingly, in                   
          considering the issues on appeal we shall focus solely upon                 
          illustrative claim 1 which reads as follows:                                
          1.   A thin-film of a high-temperature superconducting                      
          compound which is formed of a predetermined sequence of                     
          alternating atomic monolayers of CuO  and M, wherein Cu has a               
                                              2-y                                     
          quadratic structural coordination, and where the layers formed              
          by M are specifically created with a preternatural metal-atom               
          vacancy of about 5-30%, and substantially more vacancies than               
          oxygen-atom vacancies in the CuO  layers, said compound                     
                                          2-y                                         
          having the formula M CuO ,                                                  
                              1-x  2-y                                                
               where M is one or more alkaline earth metals selected                  
          from the group consisting of Ca, Sr, and Ba, M  is the mole                 
                                                        1-x                           
          ratio of total alkaline earth metals, x is 0.05 to 0.3, and                 

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