In claim 57', line 3^before "which" add --elements-.
In claim Splines Zf^andjTfbefore "material" add --ceramic-like--.
In clairjK123, delete "BaLa 5 Cu s O y "; replace therefor --^La^CUsCy-.
Claims 1,12, 24, 34, 55, 57 and 59 have been corrected as indicated by the
Attached herewith are unsigned Affidavits (signed Affidavits will be sent in at a
later time) under 37 CFR 1.32 of Dr. David B. Mitzi, Dr. Timothy Dinger and Dr. Chang
C. Tsuei which states:
"That all the high temperature superconductors which have been
developed based on the work of Bednorz and Mueller behave in a similar
manner, conduct current in a similar manner and have similar magnetic
That once a person of skill in the art knows of a specific transition metal
oxide composition which is superconducting above 26°K, such a person
of skill in the art, using the techniques described in the above-identified
patent application, which includes all knows principles of ceramic
fabrication known at the time the application was filed, can make the
transition metal oxide compositions encompassed by the claims in the
above identified application, without undue experimentation or without
requiring ingenuity beyond that expected of a person of skill in the art.
This is why the work of Bednorz and Mueller was reproduced so quickly
after their discovery and why so much additional work was done int his
field within a short period of their discovery."
This is in agreement with the passages quoted from the book by Poole on
pages 14-15 of Applicants' amendment dated November 28, 1997. It is thus clear that
applicants have enabled the art of high Tc superconducting oxides, methods of use
and devices fabrication therewith.
In view of the changes to the claims and the remarks herein, the Examiner is
respectfully requested to reconsider the above-identified application. If the Examiner
wishes to discuss the application further, or if additional information would be required,
the undersigned will cooperate fully to assist in the prosecution of this application.
Please charge any fee necessary to enter this paper to deposit account
If the above-identified Examiner's Action is a final Action, and if the
above-identified application will be abandoned without further action by applicants,
applicants file a Notice of Appeal to the Board of Appeals and Interferences appealing
the final rejection of the claims in the above-identified Examiner's Action. Please
charge deposit account 09-0468 any fee necessary to enter such Notice of Appeal.
Reg. No. 32,053
Intellectual Property Law Dept.
P.O. Box 218
Yorktown Heights, New York 10598