Appeal 2007-2236
Application 10/991,738
1 D. Findings of fact
2 The following findings of fact are believed to be supported by a
3 preponderance of the evidence. To the extent that a finding of fact is a
4 conclusion of law, it may be treated as such. Additional findings as
5 necessary may appear in the Discussion portion of the opinion.
6 In our findings we refer to the Rupich application as published. The
7 Rupich specification in the record before us does not have line numbers and
8 therefore it is difficult for us to refer to precise locations of the specification.
9 We have had trouble following citations in the Supp. Appeal Brief to pages
10 and lines of the specification.
11 The invention
12 With reference to Fig. 1 of the application,
13
14 Rupich Fig. 1—multi-layer superconductor
15 the application describes a multi-layer superconductor 10 having a substrate
16 layer 12 with a surface 13 and a superconductor material layer 14 with a
17 surface 15. Publication ¶ 0059.
18 Layer 14 is disposed on surface 13. Publication ¶ 0059.
19 The nature of layer 12 is not particularly important to the appeal.
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