Appeal No. 1998-2756
Application No. 08/448,137
Jin et al. (Jin), “High T superconductors-composite wire
c
fabrication,” 51 (3) Appl. Phys. Lett. 203-204, July 20, 1987.
All of the claims on appeal stand rejected under 35
U.S.C.
§ 103 as unpatentable over Jin in view of Saur (Answer, page
2). We reverse this rejection for reasons which follow.
OPINION
The examiner finds that Jin discloses a method for
producing an oxide-type superconducting wire comprising
filling a metal tube with an oxide powder having a
superconductor property, drawing the tube into a rod wire
having a round cross section, and then heat treating the rod
wire to sinter the oxide material (Answer, pages 2-3). The
examiner finds that Jin fails to disclose cold rolling the rod
wire into a flat wire where the thickness of the rod wire is
reduced by at least 90% (Id. at page 3). Therefore the
examiner applies Saur for the disclosure of a method of making
a superconductor where a rod wire is deformed into a flat wire
such that its thickness is reduced by at least 90% for the
attendant benefit of making the superconductor into a more
favorable shape for winding coils (Id.). The examiner
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