Ex Parte KIRKWOOD et al - Page 11



          Appeal No. 2002-0405                                                          
          Application No. 07/325,269                                                    

               Claims 19/6 - 19/8                                                       
               Bednorz teaches superconducting compounds containing copper              
          (claim 19/6), barium (claim 19/7), and lanthanum (claim 19/8).                
          Therefore, claims 19/6 - 19/8 are anticipated by, or obvious                  
          over, Bednorz for the same reasons discussed above with respect               
          to claims 3 and 19/15 - 19/18.                                                
               4.  Claims 19/5 and 19/9 are rejected under 35 U.S.C. 103 as             
          obvious over Bednorz in view of the admitted prior art.                       
               Claim 19/5                                                               
               Bednorz discloses superconducting mixed metal oxides                     
          prepared by the coprecipitation method disclosed in Ref. No.                  
          [17].  Bednorz, p. 190, col. 1.  Ref. No. [17] discloses a                    
          coprecipitation method wherein aqueous solutions of La, Al, Sr                
          and Ti nitrates were added to an aqueous solution of (NH4)2CO3 to             
          form metal salts.  Ref. No. [17], p. 182.  Accordingly, it would              
          have been obvious to have used organic salts to provide the                   
          respective predetermined stoichiometric amounts of the metals                 
          required in the claimed superconducting mixed metal oxides.                   
              Claim 19/9                                                               
               The present specification teaches that metal superconductors             
          containing gadolinium-barium-copper “have been reported to                    
          exhibit superconducting properties.”  Specification, p. 9, l. 32              
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