terms . . . or when it defines terms by implication" (emphasis added)). In our view, Yurek has given
the phrase “superconducting oxide phase in intimate contact with a noble metal phase” a more
limited scope than asserted by Yamada. Based upon Yurek’s written description, as we explain
further below, we interpret Yurek’s claimed superconducting composites as having a continuous
copper containing superconducting oxide mixed with a noble metal. We do not credit Otto’s opinion
testimony because it does not appear to consider the meaning of the claim language in light of
Yurek’s written description.
a. “Superconducting composite comprising a continuous
copper containing superconducting oxide phase in
intimate contact with a noble metal phase”
Yurek’s specification, in the part titled “Summary of the Invention,” describes a number of
aspects or embodiments, only one of which is described as a composite. Thus, Yurek describes
forming superconducting oxides in various shapes (Yamada Ex. 1002, col. 1, lines 32-50); as a thick
coating on a metal substrate (Yamada Ex. 1002, col. 1, lines 51-63); as a thin film on a metallic,
insulating or semiconductor substrate (Yamada Ex. 1002, col. 1, line 64 - col. 2, line 2) and as a
superconducting oxide “composite” (Yamada Ex. 1002, col. 2, lines 3-27). Yurek uses “composite”
to describe products which include a continuous superconducting metal phase in intimate admixture
with an noble metal. This mixture of superconducting oxide and noble metal are said to provide
improved mechanical properties. The mixture may be formed from an alloy of the metallic elements
of the superconducting oxide and a noble metal. The alloy is subject to oxidizing conditions which
convert the metallic elements of the superconductor to a superconducting oxide but do not oxidize
the noble metal. Thus, Yurek states:
In another aspect the invention features a superconducting oxide-metal
composite in which a noble metal phase (noble in the sense that its oxide is
thermodynamically unstable under the reaction conditions employed relative
to the superconducting oxide that forms) is intimately mixed with a
superconducting oxide phase to achieve desired mechanical properties. In
preferred embodiments, the noble metal is present initially as an alloying
element with the metallic elements of the oxide; the alloy is then oxidized
under conditions that convert the metallic elements of the oxide to the
superconducting oxide without oxidizing the noble metal. The latter
precipitates as a finely divided, substantially pure metal phase (rather than as
a second oxide phase) that is intimately mixed with the superconducting
oxide in the final composite, the oxide phase being continuous (or nearly so)
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