Appeal No. 1997-1454
Application No. 07/931,632
suggestion in any of the applied prior art references to
create metal-atom vacancies in the alkaline earth metal layers
of a thin-film superconductor, and, the lack of any teaching
as to how to do so. In this respect, we note that the
superconducting materials disclosed in the primary references
(Koinuma and Takano) appear to differ from appellants'
invention in that the prior art materials have an "x" value of
zero, as "x" is defined in the claims, which is not within the
scope of appellants' claims.1
For the foregoing reasons, the decision of the examiner
is reversed.
REVERSED
MARC L. CAROFF )
Administrative Patent Judge )
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1In other words, since "x" in the claimed product is 0.05
to 0.3, the mole ratio of total alkaline earth metals in
appellants' product is less than one; whereas the comparable
mole ratio in the prior art products is exactly one.
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