Appeal No. 2002-0405
Application No. 07/325,269
known to have superconducting properties. Specification, p. 9,
l. 32 - p. 10, l.3. Further, it would have been obvious to have
replaced Ba ions with Sr ions in La-Ba-Cu-O superconducting
compounds given Chu’s teaching of known superconductivity in the
La-Sr-Cu-O system. Chu, p. 407, col. 2.
7. Claims 3, 19/5 - 19/8, 19/15 - 19/18 and 22-24 are
rejected under 35 U.S.C. § 102(a) as anticipated by or, in the
alternative, under 35 U.S.C. § 103 as obvious over Wu.
Claims 3 and 19/15 - 19/18
Wu discloses a superconducting compound of the Y-Ba-Cu-O
system. Since there would be no reason to expect that the
claimed compounds differ from those of Wu, claims 3 and 19/15 -
19/18 are anticipated by, or obvious over, Wu. See, supra, pp.
9-10 (discussion on patentability of product-by-process claims).
Claim 19/5
Wu discloses the preparation of superconducting mixed metal
oxides in the Y-Ba-Cu-O system by a solid-state reaction method
wherein Y2O3, CuO and BaCO3 are mixed. Wu, p. 908, col. 2.
Accordingly, there would be no reason to expect that the claimed
compounds would differ from those of Wu (see, supra, p. 9-10),
and claims 3 and 19/15 - 19/18 are anticipated by, or obvious
over, Wu.
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