Appeal No. 1999-2595
Application No. 08/927,106
references applied against claims 1, 19, 21 and 22 above, further
in view of Woolf ‘360 (Answer, page 6).2 We reverse all of the
examiner’s rejections for the reasons stated in the Brief and the
reasons set forth below.
OPINION
A. Background
We note that this application is related to S.N. 08/278,626,
which was the subject of an appeal (Appeal No. 97-0355), with a
decision from a merits panel of this Board affirming the examiner’s
rejections of the claims (Paper No. 30, dated Mar. 13, 1998). The
subject matter claimed in this related appeal was a method of
making a substrate for a ceramic superconductor, with claim 7, part
(c), reciting “sintering the layer of neodymium gallate over the
nickel substrate at temperatures above about 1100°C.” The
pertinent subject matter claimed in this appeal is to the ceramic
superconductor product, where the NGO has been presintered on the
nickel substrate “at temperatures sufficient for nickel from the
nickel substrate to diffuse into the neodymium gallate” (see claim
1, part (c)). The references applied against the claims in this
2We note that the final rejection of claims 21-22 under
35 U.S.C. § 112, ¶2, has been overcome by appellants’ amendment
subsequent to the final rejection (see the Advisory Action dated
Aug. 6, 1998, Paper No. 18).
3
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