superconducting composite with improved mechanical
properties.
Yurek Claim 9. The composite of claim 1 wherein said composite is
in the form of a shaped article.
Yurek Claim 10. The composite of claim 9 wherein said shaped article
comprises a wire, ribbon, rod, or ring.
Yamada Claim 55 A superconducting wire having:
an Ag matrix; and
a continuous oxide superconductor formed in said matrix.
Yurek Claim 10 expressly describes a superconducting wire having a continuous copper
containing superconducting oxide phase. Yurek claim 10 does not recite that the superconducting
oxide is in an Ag matrix. Rather, Yurek’s claims specify that the superconducting oxide is in
“intimate contact with a noble metal phase.” The phrase “noble metal” is described in Yamada’s
specification as including Ag, Pt, Pd, or Au. Thus, Ag is described by the phrase “noble metal.”
The only remaining question is whether the Yurek Claim 10 describes the metal phase as a matrix.
We construed Yamada’s claimed superconducting composites to require mechanical properties
dominated by a noble metal phase which acts as a “skeleton.” But is Claim 10's skeleton a “matrix”
as used in Yamada’s claim 55? Looking to Yamada’s specification (of record as Yamada Ex. 1003),
Yamada has several embodiments but only one describes a wire having an Ag matrix. Yamada’s
specification states:
A method of manufacturing the second superconducting wire according to
the present invention comprises the steps of: molding an Ag alloy containing
a metal for constituting an oxide superconductor into a linear shape; and
performing a heat treatment of the linear Ag alloy in an oxidizing atmosphere
to form an oxide superconductor in an Ag matrix.
Yamada Ex. 1003, p. 3, lines 11-17. See also Yamada Ex. 1003, p. 20, line 3 - p. 21, line 12. This
method is essentially the same method used by Yurek to form superconducting composites. Cf.
Yamada Ex. 1002, col. 2, lines 9-19. Thus, we can perceive no difference between Yurek’s
“skeleton” and Yamada’s “matrix.” We find that Yurek’s Claim 10 describes every element of
Yamada’s Claim 55 and anticipates that claim.
Now we will use Yamada’s Claim 55 as presumed prior art and determine if it anticipates
or renders obvious the subject matter of Yurek’s Claim 10.
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