Appeal No. 2002-0405
Application No. 07/325,269
zero or any positive number less than 4 and [y] is zero or any
positive number less than 1.”)9
2. Claims 3 and 19 are rejected under 35 U.S.C. § 112,
second paragraph10 as being indefinite for failing to
particularly point out and distinctly claim the subject matter
which applicant regards as the invention.
The original description as well as appellants’ own
statements evidence that the appellants regard their invention as
limited to superconductors made by a sol-gel method. See, e.g.,
specification, p. 10, l. 19-24 (“[I]t is also believed that the
superconductor products made according to the present invention
are novel and advantageous as compared to the prior art high-
temperature mixed metal oxide superconductors which are made by
sputtering and sintered powder methods.”); Appeal Brief,
p. 5 (“Claims 3 and 19 are in ‘product-by-process’ form, and
accordingly, are drawn to those materials resulting from
Applicants’s [sic] novel sol-gel process.”) The term “obtainable
9Additionally, it appears that the claim limitations should be
0ŠyŠ1 and 0ŸdŠ4. If y=0, then the resultant compound does not contain
barium. Similarly, if y=1, the compound does not contain yttrium and
when d=4, the compound does not contain oxygen.
10“The specification shall conclude with one or more claims
particularly pointing out and distinctly claiming the subject matter
which the applicant regards as his invention.”
8
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