Skip to main content

Full text of "USPTO Patents Application 08479810"

See other formats


Received Event (Event Succeed 



Date: 
Pages: * 
FaSc Ni^nber: 
Company: 



5/14/98 < 
15 

MAY 14 '98 14:28 FR 



20 PM 



Time: 
Sender: 
Subject: 

Type: T0 M?flpraB9 



P. 12 



IN THE UNITED STATES PATENT AND TRADEMARK OFFICE 



In re Patent Application of 
J. Bednorz et al 

Serial No.: 08/479,810 

Filed: June 7, 1995 



Date: May 14, 1998 
Group Art Unit: 1105 
Examiner: D. McGKnty 



For- NEW SUPERCONDUCTIVE COMPOUNDS HAVING HIGH TRANSITION 
TEMPERATURE, AND METHODS FOR THEIR USE AND PREPARATION 



AFFIDAVIT T fTMDER 37 C.F.R- 1132 



Commissioner of Patents and Trademarks 
Washington, D. C. 20231 



Sir: 



I, David B. Mitzi, being duly sworn, do hereby depose and state: 



That I received a B. S. E. degree in Electrical Engineering/Engineering Physics (1985) from 
Princeton University and a PhD. degree, in Applied Physics (1990) from Stanford University, 
California. 

That I have worked as a research staff member in Solid State Chemistry at the Thomas Watson 
Research Center of the International Business Machines Corporation in Yorktown Heights, NY 
from 1990 to the present. 

That I have worked in the fabrication of and characterization of superconductors and related 
materials from 1990 to the present. 

That I have reviewed the above-identified patent application and that I have reviewed the 
above-identified patent application and acknowledge that it represents the work of Bednorz and 



YO987-074BZ 



12 



Received Event (Event Succeed 



Date: 
Pages: k 
Fcbc Nujnber: 
Company: 



5/14/98- 
15 

MAY 14 '98 14:29 FR 



Time: 
Sender: 
Subject: 
Type: 



':20 PM 



TO 91 



:053599 



P. 13 



Muller, which is generally recognized as the first discovery of superconductivity above 26°K and 
that subsequent developments in this field have been based on this work. 

That all the high temperature superconductors which have been developed based on the work of 
Bednorz and Muller 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 know* principles of ceramic fabrication 
known at the time the application was filed, can make the transition metal oxide compositions 
encomposed by the claims m 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 Muller was reproduced so quickly after their discovery and why so much 
additional work was done in this field within a short period of their discovery. 




David B. Mitzi 



Sworn to before me this 



day of 




Notary Public 



*w SANDRA M, EMMA 



YO987-074BZ 



Received Event (Event Succeed 



Date: 
Paged; 
Pax Number: 
Company: 



5/14/98 - 
15 

MAY 14 '98 14:27 FR 



Time: 
Sender: 
Subject: 
Type: 



5:20 PM 



TO 91 



^0^053599 



P. 09 



IN THE UNITED STATES PATENT AND TRADEMARK OFFICE 



In re Patent Application of 

J. Bednorz et at. Date: May 14, 1998 

Serial No,: 08/479,810 Group Art Unit: 1105 

Filed: June 7, 1995 Examiner: D. McGinty 

For- NEW SUPERCONDUCTIVE COMPOUNDS HAVING HIGH TRANSITION 
TEMPERATURE, AND METHODS FOR THEIR USE AND PREPARATION 



AFFIDAVIT UNDER 37 C.F.R. 1 . 132 

Commissioner of Patents and Trademarks 
Washington, D. C. 20231 

Sir: 

I, Chang C. Tsuei, being duly sworn, do hereby depose and state: 

That I received a B. S. degree in Mechanical Engineering from National Taiwan University (1960) 
and M. S. and PhD. degrees, in Material Science (1963, 1966) respectively from California 
Institute of Technology. 

That I have worked as a research staff member and manager in the physics of superconducting, 
amorphous and structured materials at the Thomas Watson Research Center of the International 
Business Machines Corporation in Yorktown Heights, New York from 1973 to the present. (See 
attached Exhibit A for other professional employment history.) 

That I have worked in the fabrication of and characterization of superconductors and related 
materials from 1973 to the present. 

That I have reviewed the above-identified patent application and acknowledge that it represents 
the work of Bednorz and Muller, which is generally recognized as the first discovery of 
YO987-074BZ 



9 



i _ a ._ ■ -— - 

Received Event (Event Succeed 



Date: , 

Pages: 

Fax Number: 

Company: 



5/14/98 • 
15 

MAY 14 '98 14:28 FR 



Time: 
Sender: 
Subject: 
Type: 



TO 91 



20 PM 



053599 



P. 10 



superconductivity above 26°K and that subsequent developments in this field have been based on 
this work. 

That all the high temperature superconductors which have been developed based on the work of 
Bednorz and Muller 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 26TC, such a person of skill in the art, using the techniques described in 
the above-identified patent application, which includes all known principles of ceramic fabrication 
known at the time the application was filed, can make the transition metal oxide compositions 
encomposed 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 Muller was reproduced so quickly after their discovery and why so much 
additional work was done in this field within a short period of their discovery. 

Rv . CA—j^ Ci i 

Chang C. Tsuei 

Sworn to before me this day of 




Notary Public 



SANDRA M. EMMA 
Ho** pubtfe State oj fNw Yfcfc 

In Westchester County &jf 
Commission Expires Juiy o, iBJ-v 



YO987-074BZ 



10 



Received Event (Event Succeed 





Company: mY 14 14:28 ra 



Date: . 5/14/98 ■ 

Pages: 15 
Fax Number: 



Time: 
Sender: 
Subject: 
Type: 



TO 91^^053599 



20 PM 



P. 11 



CHANG C. TSUEI 
Education 

California Institute of Technology, M.S. (1963), Ph.D. (1966) 
National Taiwan University, B.S. (1960) 

Professional Employment 

1993 - present - Research Staff Member 
1983 - 1993 - Manager, Physics of Structured Materials 
1979 - 1983 - Manager, Physics of Amorphous Materials 
1974 - 1975 - Acting Manager, Superconductivity 
1973 - 1979 - Research StafiFMember 

Harvard University; 1980 (Summer) 

Visiting Scholar in Applied Physics 

Stanford University: 1982 (Sept.) - 1983 (April) 
Visiting Scholar in Applied Physics 

California Institute of Technology 

1972 - 1973 - Senior Research Associate in Applied Physics 
1969 - 1972 - Senior Research Fellow in Materials Science 
1966 - 1969 - Research Fellow in Materials Science 



Exhibit A 



YO987-074BZ 



11 



> \^ MAV 14 '98 14:29 FR TO 917033053599 P. 14 

\ 



IN THE UNITED STATES PATENT AND TRADEMARK OFFICE 

In re Patent Application of 

J.Bednorzetal. Date: May 14, 1998 

Serial No.: 08/479,810 Group Art Unit: 1105 

Filed: June 7, 1995 Examiner: D. McGimy 

For NEW SUPERCONDUCTIVE COMPOUNDS HAVING HIGH TRANSITION 
TEMPERATURE, AND METHODS FOR THEIR USE AND PREPARATION 

AFFIDAVIT tn qntttt 37 C.F.R. 1 . 132 

Commissioner of Patents and Trademarks 
Washington, D. C. 20231 

Sir 

I, Timothy Dinger, being duly sworn, do hereby depose and state: 

That I received a B. S. degree in Ceramic Engineering (1981) from New York State College of 
Ceramics, Alfred University, an M. S. degree (1983) and a PhD. degree (1986), both in Material 
Science from the University of California at Berkley. 

That I have worked as a research staff member in Material Science at the Thomas Watson 
Research Center of the International Business Machines Corporation in Yorktown Heights, NY 
from 1 986 to the present. ^ 

That I have worked in the fabrication of and characterization of superconductors and related. ^ 
materials from 1987 to 1 991 . 

That I have reviewed the above-identified patent application and acknowledge that it represents 
the work of Bednorz and Muller, which is generally recognized as the first discovery of 



YO987-074BZ 



MAY 14 '98 14=29 FR ^ TO 917033GS3599 P. 15 



superconductivity above 26°K and that subsequent developments in this field have been based on 
this work. 

That all the high temperature superconductors which have been developed based on the work of 
Bednorz and Muller behave in a similar way, 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 known principles of ceramic fabrication 
known at the time the application was filed, can make the transition metal oxide compositions 
encomposed 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 Muller was reproduced so quickly after their discovery and why so much 
additional work was done in this field within a short period of their discovery. 




Timothy Dinger 

Sworn to before me this (o^ day of Y\k(U£ > jSlF^ 




Notary Public 



8AKDRA M.EMMA „. 
Notary Public Stan of Jjjw Yak 

In Westchester Cou IJW Hy 
Commission Exp»*s Ju*y«. 1*** 



YO987-074BZ 



** TOTAL PAGE. 15 **