Ex parte METZLER et al. - Page 4




            Appeal No. 1999-2313                                                      
            Application No. 08/396,288                                                

                 crystallographic planes than in a direction                          
                 perpendicular thereto without causing a transition                   
                 of said film out of said superconducting state, said                 
                 film being formed so as to orient said Cu-O                          
                 crystallographic planes substantially parallel to                    
                 said major surface; and                                              
                      means for flowing supercurrent through said film                
                 in a direction substantially parallel to said major                  
                 surface,                                                             
                      whereby the maximum density of supercurrent                     
                 flowing through said superconducting film in a                       
                 superconductive state is increased.                                  
            The examiner relies on the following references:                          
            Author Unknown, Asahi Shinbun, March 10, 1987, page                       
            number and column number unknown (three page, English                     
            language translation).                                                    
            Hidaka et al. (Hidaka), “Anisotropic Properties of                        
            Superconducting Single-Crystal (La Sr ) CuO ,” 26 Japanese                
                                               1-xx 2  4                              
            Journal of Applied Physics, No. 4, pp. L377-L379 (April                   
            1987).                                                                    
            Iwazumi et al. (Iwazumi), “Preparation and Property of                    
            La Sr CuO Single Crystal,” 26 Japanese Journal of                         
              1.850.15  4                                                             
            Applied Physics, No. 4, pp. L386-L387 (April 1987).                       
            Claims 45-58 stand rejected under 35 U.S.C. § 103.                        
            As evidence of obviousness the examiner offers Hidaka or                  
            Iwazumi with respect to claims 45, 46 and 50, and adds                    
            Asahi with respect to claims 47-49 and 51-58.                             
            Rather than repeat the arguments of appellants or                         
            the examiner, we make reference to the brief and the                      

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