Appeal No. 1999-2313
Application No. 08/396,288
pages 3-4).
Appellants argue that the cited references do not
describe or suggest the existence of an anisotropy with
respect to critical current in high T copper oxide
c
superconductors. All the claims require a high Tc
superconductive copper oxide material having a critical
supercurrent anisotropy. Appellants also argue that
there is no teaching or suggestion to use this critical
current anisotropy to determine the direction of
supercurrent flow through the structure (brief).
The examiner responds that the mere discovery of an
existing property of known superconductive copper oxide
materials would not be patentable. The examiner finds
that appellants’ invention would have been expected by
one of ordinary skill in the art (answer, pages 5-6).
We agree with the position argued by appellants.
All of the claims recite a superconductive copper oxide
material having a crystallographic structure with
parallel Cu-O crystallographic planes extending therein
sufficient to create a critical supercurrent anisotropy
in the conductor and the use of this anisotropy to
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