Ex parte KATO et al. - Page 8




          Appeal No. 1997-2917                                                        
          Application No. 08/351,697                                                  


          When the dried superconducting materials are sintered at                    
          900EC. for 4 hours, for example, they form porous products.                 
          See column 26, lines 58-60.                                                 
               Given the fact that Kobayashi recognizes the advantage of              
          using an alcohol amine, such as monoethanolamine, in a sol-gel              
          method for producing a superconductor, one of ordinary skill                
          in the art would have been motivated to employ the alcohol                  
          amine of the type described in Kobayashi in the sol-gel                     
          superconductor producing method described in Yi with a                      
          reasonable expectation of producing a superconductor having                 
          excellent properties.                                                       
               At the hearing dated October 24, 2000, appellants’                     
          representative asserted that Yi does not teach that its film                
          contains “micropores of uniform diameter.”  In other words,                 
          the gel-sol method described by Yi is not useful for forming a              
          film containing “micropores of uniform diameter.”  In support               
          of his position, appellants’ representative referred to Yi’s                
          disclosure regarding the collapsing of pores of a PZT film at               
          400 to 1200EC.  See Yi, page 1177.  However, as indicated                   
          supra, the superconductor material of the type described in                 
          both Yi and Kobayashi contains pores even after sintering it                
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