Ex Parte SIMON et al - Page 1




                    THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                      
               The opinion in support of the decision being entered                   
               today was not written for publication in a law                         
               journal and is not binding precedent of the Board.                     
                                                               Paper No. 31           


                     UNITED STATES PATENT AND TRADEMARK OFFICE                        
                                  ________________                                    
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                  ________________                                    
                    Ex parte RANDY W. SIMON, CHRISTINE E. PLATT,                      
                          ALFRED E. LEE and GREGORY S. LEE                            
                                  ________________                                    
                                Appeal No. 1997-2063                                  
                             Application No. 08/433,818                               
                                  ________________                                    
                               HEARD:  August 16, 2000                                
                                  ________________                                    

          Before KIMLIN, WALTZ and TIMM, Administrative Patent Judges.                
          KIMLIN, Administrative Patent Judge.                                        


                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 13-17,            
          19, 22, 23, 25, 26 and 28-31.  Claims 11 and 12, the other claims           
          remaining in the present application, stand withdrawn from                  
          consideration.  Claims 13 and 16 are illustrative:                          
               13.  A superconductor device comprising:                               
               (a) a substrate of crystalline lanthanum aluminate; and                
               (b) at least one film of a crystalline superconductor                  
          deposited on the substrate wherein said crystalline substrate and           

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