throughout the composite. The noble metal may be a metallic element
different from the metallic elements of the oxide, e.g., Au, Pt, Pd, or Ag, but
may also be an excess amount (stoichiometrically) of one of the metallic
elements of the oxide, e.g., Cu. The superconducting oxide-metal composites
exhibit improved mechanical properties (strength, ductility, etc.) because
these properties are dominated by the metallic phase, rather than by the
brittle oxide phase.
Yamada Ex. 1002, col. 2, lines 3-27. Thus, Yurek’s written description uses “composite” to
describe an architecture or microstructure which is mixture of a continuous superconducting oxide
phase and a noble metal phase.
Yurek’s Examples, support this interpretation. Example 1 describes the formation of a
superconducting oxide by forming a molten alloy of the metallic elements of the oxide into a ribbon,
followed by an oxidation treatment which converts the metal into a superconducting oxide.
Yamada Ex. 1002, col. 2, line 59 - col. 3, line 7. Examples 2 and 3 are directed to the formation of
“composites.” The composites are said to have a metal skeleton which gives the product improved
strength and ductility over the inherently brittle oxides. Example 2 provides:
A superconducting oxide-metal composite, in which the oxide phase is an
oxide of La, Ba, and Cu, and the metallic phase is a noble metal such as Ag,
is prepared following the procedure describe in Example 1 [is] except that Ag
metal is melted together with La, Ba, and Cu to form the alloy, the initial
oxidation step is at 400°C., and the maximum oxidation temperature is less
than the melting point of Ag metal (960° C.). During oxidation Ag is not
oxidized, but rather precipitates out as a separate phase of substantially pure
Ag. The metal phase, by being intimately mixed with the oxide phase, acts
as a "skeleton" in the composite, resulting in improved ductility and strength.
Yamada Ex. 1002, col. 3, lines 8-22 (emphasis added). Example 3 is said to be the same but
substitutes excess copper for the silver in Example 2.
Considering the portions of Yurek’s written description referred to above, as well as the
remainder of Yurek’s written description, we hold that the phrase “superconducting composite
comprising a continuous copper containing superconducting oxide phase in intimate contact with
a noble metal phase” has been given a special meaning by Yurek’s specification. It refers to
superconducting products having a continuous superconducting oxide phase in admixture with noble
metal. Thus, we do not agree with Yamada’s argument that Yurek’s claims include “any
composition in which there is no separation between the superconducting oxide phase and the noble
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Last modified: November 3, 2007