Skip to main content

Full text of "USPTO Patents Application 08479810"

See other formats


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-. 

REMARKS 

Claims 1,12, 24, 34, 55, 57 and 59 have been corrected as indicated by the 
Examiner. 

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 
properties. 

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 



YO987-074BZ 



2 



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 
09-0468. 

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 
(914) 945-3217 

IBM CORPORATION 
Intellectual Property Law Dept. 
P.O. Box 218 

Yorktown Heights, New York 10598 



YO987-074BZ 



3