Ex Parte LEMELSON - Page 3



          Appeal No. 2003-0545                                       Page 3           
          Application No. 08/436,096                                                  

               Jin et al. “High Tc superconductors-composite wire                     
          fabrication” Appl. Phys. Lett. vol. 51, No. 3 (July 20, 1987) pp.           
          203-204.                                                                    
               Claims 1, 4-8, and 15-20 stand rejected under 35 U.S.C.                
          § 103(a) as being unpatentable over Snowden in view of Sakurai.             
               Claims 10, 13, and 14 stand rejected under 35 U.S.C.                   
          § 103(a) as unpatentable over Snowden in view of Sakurai and                
          further in view of Middleton.                                               
               Claim 11 stands rejected under 35 U.S.C. § 103(a) as                   
          unpatentable over Snowden in view of Sakurai and further in view            
          of Jin.                                                                     
               Rather than reiterate the conflicting viewpoints advanced by           
          the examiner and appellant regarding the above-noted rejections,            
          we make reference to the examiner's answer (Paper No. 31, mailed            
          August 29, 2000) for the examiner's complete reasoning in support           
          of the rejections, and to appellant's brief (Paper No. 30, filed            
          May 16, 2000) and reply brief (Paper No. 32, filed November 2,              
          2000) for appellant's arguments thereagainst.  Only those                   
          arguments actually made by appellant have been considered in this           
          decision.  Arguments which appellant could have made but chose              
          not to make in the brief have not been considered.  See 37 CFR              
          1.192(a).                                                                   







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