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IN THE UNITED STATES PATENT AND TRADEMARK OFFICE 



In re Patent Application of 
Applicants: Bednorz et al. 
Serial No.: 08/479,810 
Filed: June 7, 1995 



Date: May 15, 2008 



Docket: YO987-074BZ 



Group Art Unit: 1751 
Examiner: M. Kopec 



For: NEW SUPERCONDUCTIVE COMPOUNDS HAVING HIGH TRANSITION 

TEMPERATURE, METHODS FOR THEIR USE AND PREPARATION 

Commissioner for Patents 

United States Patent and Trademark Office 

P.O. Box 1450 

Alexandria, VA 22313-1450 



Argument For the Patentability of Each Rejected Claims 150-322 



CORRECTED APPEAL BRIEF 



Part VII 



CFR37 §41.37(c)(1)(vii) 



VOLUME 3 



Part 2 



Respectfully submitted, 



/Daniel P Morris/ 



Dr. Daniel P. Morris, Esq. 
Reg. No. 32,053 
(914) 945-3217 



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

Yorktown Heights, New York 10598 



CLAIM 150 



Claim 150 which is allowed recites: 



CLAIM 150 The superconductive apparatus according to 
claim 149 in which the copper-oxide compound of the 
superconductive composition includes at least one rare-earth 
or rare-earth-like element and at least one alkaline-earth 
element. 



CLAIM 151 

Claim 151 which is allowed recites: 

CLAIM 151 The superconductive apparatus according to 
claim 150 in which the rare-earth or rare-earth-like element 
is lanthanum. 



CLAIM 152 



Claim 152 which is allowed recites: 



CLAIM 152 The superconductive apparatus according to 
claim 150 in which the alkaline-earth element is barium. 



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CLAIM 153 



Claim 153 recites: 

CLAIM 149 A superconductive apparatus for causing 
electric current flow in a superconductive state at a 
temperature greater than or equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition , the superconductive composition consisting 
essentially of a copper-oxide compound having a layer-type 
perovskite-like crystal structure , the composition having a 
superconductor transition temperature Tc of greater than or 
equal to 26°K; 

(b) a temperature controller maintaining the superconductor 
element at a temperature greater than or equal to 26°K and 
below the superconductor transition temperature Tc of the 
superconductive composition; and 

(c) causing an electric current to flow in the superconductor 
element. 

CLAIM 153 The superconductive apparatus according to 
claim 149 in which the copper-oxide compound of the 
superconductive composition includes mixed valent copper 
ions . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 



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has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 154 

Claim 154 recites: 

CLAIM 149 A superconductive apparatus for causing 
electric current flow in a superconductive state at a 
temperature greater than or equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition , the superconductive composition consisting 
essentially of a copper-oxide compound having a layer-type 
perovskite-like crystal structure , the composition having a 
superconductor transition temperature Tc of greater than or 
equal to 26°K; 

(b) a temperature controller maintaining the superconductor 
element at a temperature greater than or equal to 26°K and 
below the superconductor transition temperature Tc of the 
superconductive composition; and 

(c) causing an electric current to flow in the superconductor 
element. 

CLAIM 153 The superconductive apparatus according to 
claim 149 in which the copper-oxide compound of the 
superconductive composition includes mixed valent copper 
ions . 

CLAIM 154 The superconductive apparatus according to 
claim 153 in which the copper-oxide compound includes at 
least one element in a nonstoichiometric atomic proportion . 

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The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 155 

Claim 155 recites: 

CLAIM 149 A superconductive apparatus for causing 
electric current flow in a superconductive state at a 
temperature greater than or equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition , the superconductive composition consisting 
essentially of a copper-oxide compound having a layer-type 
perovskite-like crystal structure , the composition having a 
superconductor transition temperature Tc of greater than or 
equal to 26°K; 

(b) a temperature controller maintaining the superconductor 
element at a temperature greater than or equal to 26°K and 
below the superconductor transition temperature Tc of the 
superconductive composition; and 

(c) causing an electric current to flow in the superconductor 
element. 

CLAIM 153 The superconductive apparatus according to 
claim 149 in which the copper-oxide compound of the 
superconductive composition includes mixed valent copper 
ions . 

CLAIM 154 The superconductive apparatus according to 
claim 153 in which the copper-oxide compound includes at 
least one element in a nonstoichiometric atomic proportion . 

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CLAIM 155 The superconductive apparatus according to 
claim 154 in which oxygen is present in the copper-oxide 
compound in a nonstoichiometric atomic proportion . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 156 

Claim 156 which is allowed recites: 

CLAIM 156 A superconductive apparatus for conducting an 
electric current essentially without resistive losses, 
comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a layer-type 
perovskite-like crystal structure, the copper-oxide compound 
including at least one rare-earth or rare-earth-like element 
and at least one alkaline-earth element, the composition 
having a superconductive/resistive-transition defining a 
superconductive/resistive-transition temperature range 
between an upper limit defined by a transition-onset 
temperature Tc and a lower limit defined by an effectively- 
zero-bulk-resistivity intercept temperature Tp=0 , the 
transition-onset temperature Tc being greater than or equal 
to 26°K; 

(b) a temperature controller maintaining the superconductor 
element at a temperature below the effectively-zero-bu Ik- 
resistivity intercept temperature Tp=0 of the 
superconductive composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 



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Claim 157 which is allowed recites: 

CLAIM 157 The superconductive apparatus according to 
claim 156 in which the rare-earth or rare-earth-like element 
is lanthanum. 

CLAIM 158 

Claim 158 which is allowed recites: 

CLAIM 158 The superconductive apparatus according to 
claim 156 in which the alkaline-earth element is barium. 

CLAIM 159 

Claim 159 which is allowed recites: 

CLAIM 159 The superconductive apparatus according to 
claim 156 in which the copper-oxide compound of the 
superconductive composition includes mixed valent copper 
ions. 



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CLAIM 160 

Claim 160 which is allowed recites: 

CLAIM 160 The superconductive apparatus according to 
claim 159 in which the copper-oxide compound includes at 
least one element in a nonstoichiometric atomic proportion. 

CLAIM 161 

Claim 161 which is allowed recites: 

CLAIM 161 The superconductive apparatus according to 
claim 160 in which oxygen is present in the copper-oxide 
compound in a nonstoichiometric atomic proportion. 



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CLAIM 162 



Claim 162 recites: 



CLAIM 162 An apparatus comprising copper oxide having a 
phase therein which exhibits a superconducting state at a 
critical temperature greater than or equal to 26°K; 

a temperature controller maintaining the temperature of said 
material at a temperature less than said critical temperature 
to produce said superconducting state in said phase; 

a current source passing an electrical supercurrent through 
said copper oxide while it is in said superconducting state; 

said copper oxide includes at least one element selected 
from the group consisting of a Group II A element, a rare 
earth element and a Group III B element. 



The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 



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Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 163 



Claim 163 recites: 

CLAIM 163 An apparatus comprising: 

a composition comprising copper, oxygen and any element 
selected from the group consisting of a Group II A element, a 
rare earth element and a Group III B element, where said 
composition is a mixed copper oxide having a non- 
stoichiometric amount of oxygen therein and exhibiting a 
superconducting state at a temperature greater than or equal 
to 26°K; 

a temperature controller maintaining said composition in said 
superconducting state at a temperature greater than or equal 
to 26°K; and 

a current source passing an electrical current through said 
composition while said composition is in said 
superconducting state. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 



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Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 164 



Claim 164 recites: 

CLAIM 164 An apparatus comprising: 

a composition exhibiting a superconductive state at a 
temperature greater than or equal to 26°K; 

a temperature controller maintaining said composition at a 
temperature greater than or equal to 26°K at which 
temperature said composition exhibits said superconductive 
state; 

a current source passing an electrical current through said 
composition while said composition is in said 
superconductive state; and 

said composition including a copper oxide and an element 
selected from the group consisting of Group II A element, a 
rare earth element and a Group III B element . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 



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Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 165 



Claim 165 recites: 

CLAIM 165 An apparatus for causing electric-current flow in 
a superconductive state at a temperature greater than or 
equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a layer-type 
perovskite-like crystal structure, the composition having a 
superconductive transition temperature Tc of greater than or 
equal to 26°K, said superconductive composition includes at 
least one element selected from the group consisting of a 
Group II A element, a rare earth element: and a Group III B 
element : 

(b) a temperature controller maintaining the superconductor 
element at a temperature greater than or equal to 26°K and 
below the superconductor transition temperature Tc of the 
superconductive composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 



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come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 166 

Claim 166 recites: 

CLAIM 166 An apparatus for conducting an electric current 
essentially without resistive losses, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a layer-type 
perovskite-like crystal structure, the copper-oxide compound 
including at least one element selected from the group 
consisting of a Group II A element, a rare earth element and 
a Group III B element, the composition having a 
superconductive/resistive transition defining a 
superconductive/resistive-transition temperature range 
between an upper limit defined by a transition-onset 
temperature Tc and a lower limit defined by an effectively- 
zero-bulk-resistivity intercept temperature Tp=0, the 
transition-onset temperature Tc being greater than or equal 
to 26°K; 

(b) a temperature controller maintaining the superconductor 
element at a temperature below the effectively-zero-bu Ik- 
resistivity intercept temperature Tp=o of the superconductive 
composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 



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The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 167 

Claim 167 which is allowed recites: 

CLAIM 167 An apparatus comprising: 

a copper oxide having a phase therein which exhibits a 
superconducting state at a critical temperature greater than 
or equal to 26°K; 

a temperature controller maintaining the temperature of said 
material at a temperature less than said critical temperature 
to produce said superconducting state in said phase; 

a current source passing an electrical supercurrent through 
said copper oxide while it is in said superconducting state; 

said copper oxide includes an element selected from the 
group consisting of a Group II A element and at least one 
element selected from the group consisting of a rare earth 
element and a Group III B element. 

CLAIM 168 

Claim 168 which is allowed recites: 

CLAIM 168 An apparatus comprising: 

a composition including copper, oxygen and an element 
selected from the group consisting of at least one Group II A 



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element and at least one element selected from the group 
consisting of a rare earth element and a Group III B element, 
where said composition is a mixed copper oxide having a 
non-stoichiometric amount of oxygen therein and exhibiting a 
superconducting state at a temperature greater than or equal 
to 26°K; 

a temperature controller maintaining said composition in said 
superconducting state at a temperature greater than or equal 
to 26°K; and 

a current source passing an electrical current through said 
composition while said composition is in said 
superconducting state. 

CLAIM 169 

Claim 169 which is allowed recites: 

CLAIM 169 An apparatus comprising: 

a composition exhibiting a superconductive state at a 
temperature greater than or equal to 26°K; 

a temperature controller maintaining said composition at a 
temperature greater than or equal to 26°K at which 
temperature said composition exhibits said superconductive 
state; 



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a current source passing an electrical current through said 
composition while said composition is in said 
superconductive state; and 

said composition including a copper oxide and at least one 
element selected from the group consisting of Group II A and 
at least one element selected from the group consisting of a 
rare earth element and a Group III B element. 

CLAIM 170 

Claim 170 which is allowed recites: 

CLAIM 170 A superconductive apparatus for causing 
electric-current flow in a superconductive state at a 
temperature greater than or equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a layer-type 
perovskite-like crystal structure, the composition having a 
superconductive transition temperature Tc of greater than or 
equal to 26°K, said superconductive composition includes at 
least one element selected from the group consisting of a 
Group II A element and at least one element selected from 
the group consisting of a rare earth element and a Group III 
B element; 

(b) a temperature controller maintaining the superconductor 
element at a temperature greater than or equal to 26°K and 



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below the superconductor transition temperature Tc of the 
superconductive composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 

CLAIM 171 

Claim 171 which is allowed recites: 

CLAIM 171 A superconductive apparatus for conducting an 
electric current essentially without resistive losses, 
comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a layer-type 
perovskite-like crystal structure, the copper-oxide compound 
including at least one element selected from the group 
consisting of a Group II A element and at least one element 
selected from the group consisting of a rare earth element 
and a Group III B element, the composition having a 
superconductive/resistive transition defining a 
superconductive-resistive-transition temperature range 
between an upper limit defined by a transition-onset 
temperature Tc and a lower limit defined by an effectively- 
zero-bulk-resistivity intercept temperature Tp=0 , the 
transition-onset temperature Tc being greater than or equal 
to 26°K; 



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(b) a temperature controller maintaining the superconductor 
element at a temperature below the effectively-zero-bulk- 
resistivity intercept temperature Tp=0 of the superconductive 
composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 

CLAIM 172 

Claim 172 which is allowed recites: 

CLAIM 172 An apparatus comprising: 

a transition metal oxide having a phase therein which 
exhibits a superconducting state at a critical temperature 
greater than or equal to 26°K; 

a temperature controller maintaining the temperature of said 
material at a temperature less than said critical temperature 
to produce said superconducting state in said phase; 

a current source passing an electrical supercurrent through 
said copper oxide while it is in said superconducting state; 

said transitional metal oxide includes at least one element 
selected from the group consisting of a Group II A element 
and at least one element selected from the group consisting 
of a rare earth element and a Group III B element. 



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CLAIM 173 

Claim 173 which is allowed recites: 

CLAIM 173 An apparatus comprising: 

a composition including a transition metal, oxygen and an 
element selected from the group consisting of a Group II A 
element and at least one element selected from the group 
consisting of a rare earth element and a Group III B element, 
where said composition is a mixed transitional metal oxide 
formed from said transition metal and said oxygen, said 
mixed transition metal oxide having a non-stoichiometric 
amount of oxygen therein and exhibiting a superconducting 
state at a temperature greater than or equal to 26°K; 

a temperature controller maintaining said composition in said 
superconducting state at a temperature greater than or equal 
to 26°K; and 

a current source passing an electrical current through said 
composition while said composition is in said 
superconducting state. 

CLAIM 174 

Claim 174 which is allowed recites: 

CLAIM 174 An apparatus: 



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forming a composition exhibiting a superconductive state at 
a temperature greater than or equal to 26°K; 

a temperature controller maintaining said composition at a 
temperature greater than or equal to 26°K at which 
temperature said composition exhibits said superconductive 
state; 

a current source passing an electrical current through said 
composition while said composition is in said 
superconductive state; and 

said composition including a transitional metal oxide and at 
least one element selected from the group consisting of 
Group II A element and at least one element selected from 
the group consisting of a rare earth element and a Group III 
B element. 

CLAIM 175 

Claim 175 which is allowed recites: 

CLAIM 175 A superconductive apparatus for causing 
electric-current flow in a superconductive state at a 
temperature greater than or equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a transition metal oxide compound having a 
layer-type perovskite-like crystal structure, the composition 
having a superconductive transition temperature Tc of 



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greater than or equal to 26°K, said superconductive 
composition includes an element selected from the group 
consisting of a Group II A element and at least one element 
selected from the group consisting of a rare earth element 
and a Group III B element; 

(b) a temperature controller maintaining the superconductor 
element at a temperature greater than or equal to 26°K and 
below the superconductor transition Tc of the 
superconductive composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 

CLAIM 176 

Claim 176 which is allowed recites: 

CLAIM 176 A superconductive apparatus for conducting an 
electric current essentially without resistive losses, 
comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a transition metal-oxide compound having a 
layer-type perovskite-like crystal structure, the transition 
metal-oxide compound including at least one element 
selected from the group consisting of a Group II A element 
and at least one element selected from the group consisting 
of a rare earth element and a Group III B element, the 



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composition having a superconductive/resistive transition 
defining a superconductive/resistive-transition temperature 
range between an upper limit defined by a transition-onset 
temperature Tc and a lower limit defined by an effectively- 
zero-bulk-resistivity intercept temperature Tp=0, the 
transition-onset temperature Tc being greater than or equal 
to 26°K; 

(b) a temperature controller maintaining the superconductor 
element at a temperature below the effectively-zero-bulk- 
resistivity intercept temperature Tp=0 of the superconductive 
composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 

CLAIM 177 

Claim 177 which is allowed recites: 

CLAIM 177 An apparatus comprising: 

a copper oxide having a phase therein which exhibits a 
superconducting state at a critical temperature greater than 
or equal to 26°K; 

a temperature controller maintaining the temperature of said 
material at a temperature less than said critical temperature 
to produce said superconducting state in said phase; 



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a current source passing an electrical supercurrent through 
said copper oxide while it is in said superconducting state; 

said copper oxide includes at least one Group II A element, 
and at least one element selected from the group consisting 
of a rare earth element and a Group III B element. 

CLAIM 178 

Claim 178 which is allowed recites: 

CLAIM 178 An apparatus comprising: 

a composition including copper, oxygen, a Group II A 
element and at least one element selected from the group 
consisting of a rare earth element and a Group III B element, 
where said composition is a mixed copper oxide having a 
non-stoichiometric amount of oxygen therein and exhibiting a 
superconducting state at a temperature greater than or equal 
to 26°K; 

a temperature controller maintaining said composition in said 
superconducting state at a temperature greater than or equal 
to 26°K; and 

a current source passing an electrical current through said 
composition while said composition is in said 
superconducting state. 



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CLAIM 179 

CLAIM 179 which is allowed recites: 

CLAIM 179 A structure comprising: 

a composition exhibiting a superconductive state at a 
temperature greater than or equal to 26°K; 

a temperature controller maintaining said composition at a 
temperature greater than or equal to 26°K at which 
temperature said composition exhibits said superconductive 
state; 

a current source passing an electrical current through said 
composition while said composition is in said 
superconductive state; and 

said composition including a copper oxide, a Group II A 
element, at least one element selected from the group 
consisting of a rare earth element and a Group III B element. 

CLAIM 180 

Claim 180 which is allowed recites: 

CLAIM 180 A superconductive apparatus for causing 
electric-current flow in a superconductive state at a 
temperature greater than or equal to 26°K, comprising: 



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(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a layer-type 
perovskite-like crystal structure, the composition having a 
superconductive transition temperature Tc of greater than or 
equal to 26°K, said superconductive composition includes a 
Group II A element, and at least one element selected from 
the group consisting of a rare earth element and a Group III 
B element; 

(b) a temperature controller maintaining the superconductor 
element at a temperature greater than or equal to 26°K and 
below the superconductor transition temperature Tc of the 
superconductive composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 

CLAIM 181 

Claim 181 which is allowed recites: 

CLAIM 181 A superconductive apparatus for conducting an 
electric current essentially without resistive losses, 
comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a layer-type 
perovskite-like crystal structure, the copper-oxide compound 



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including Group II A element, and at least one element 
selected from the group consisting of a rare earth element 
and a Group III B element, the composition having a 
superconductive-resistive transition defining a 
superconductive/resistive-transition temperature range 
between an upper limit defined by a transition-onset 
temperature Tc and a lower limit defined by an effectively- 
zero-bulk-resistivity intercept temperature Tp=0, the 
transition-onset temperature Tc being greater than or equal 
to 26°K; 

(b) a temperature controller maintaining the superconductor 
element at a temperature below the effectively-zero-bulk- 
resistivity intercept temperature Tp=0 of the superconductive 
composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 



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CLAIM 182 



Claim 182 recites: 

CLAIM 182 An apparatus comprising a composition having 
a transition temperature greater than or equal to 26°K, the 
composition including a rare earth or alkaline earth element, 
a transition metal element capable of exhibiting multivalent 
states and oxygen, including at least one phase that exhibits 
superconductivity at temperature greater than or equal to 
26°K, a temperature controller maintaining said composition 
at said temperature to exhibit said superconductivity and a 
current source passing an electrical superconducting current 
through said composition with said phrase exhibiting said 
superconductivity. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 



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view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 183 



Claim 183 recites: 

CLAIM 183 An apparatus comprising a superconducting 
transition metal oxide having a superconductive onset 
temperature greater than or equal to 26°K, a temperature 
controller maintaining said superconducting transition metal 
oxide at a temperature less than said superconducting onset 
temperature and a current source flowing a superconducting 
current therein. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 184 



Claim 184 recites: 

CLAIM 184 An apparatus comprising a superconducting 
copper oxide having a superconductive onset temperature 
greater than or equal to 26°K, a temperature controller 
maintaining said superconducting copper oxide at a 
temperature less than said superconducting onset 
temperature and a current source flowing a superconducting 
current in said superconducting oxide. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 185 

Claim 185 which is allowed recites: 

CLAIM 185 An apparatus comprising a superconducting 
oxide composition having a superconductive onset 
temperature greater than or equal to 26°K, a temperature 
controller maintaining said superconducting copper oxide at 
a temperature less than said superconducting onset 
temperature and a current source flowing a superconducting 
current therein, said composition comprising at least one 
each of rare earth, an alkaline earth, and copper. 

CLAIM 186 

Claim 186 which is allowed recites: 

CLAIM 186 An apparatus comprising a superconducting 
oxide composition having a superconductive onset 
temperature greater than or equal to 26°K, a temperature 
controller maintaining said superconducting copper oxide at 
a temperature less than said superconducting onset 
temperature and a current source flowing a superconducting 
electrical current therein, said composition comprising at 
least one each of a Group 1MB element, an alkaline earth, 
and copper. 



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CLAIM 187 



Claim 187 recites: 

CLAIM 187 An apparatus comprising a superconducting 
electrical current in a transition metal oxide having a Tc 
greater than or equal to 26°K and maintaining said transition 
metal oxide at a temperature less than said Tc. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 188 



Claim 188 recites: 

CLAIM 188 An apparatus comprising a current source 
flowing a superconducting current in a copper oxide having a 
Tc greater than or equal to 26°K and a temperature 
controller maintaining said copper oxide at a temperature 
less than said Tc. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 189 

Claim 189 which is allowed recites: 

CLAIM 189 An apparatus comprising: 

a composition of the formula BaLa5-xCu505(3-y), wherein x 
is from about 0.75 to about 1 and y is the oxygen deficiency 
resulting from annealing said composition at temperatures 
from about 540oC to about 950oC and for times of about 15 
minutes to about 12 hours, said composition having a metal 
oxide phase which exhibits a superconducting state at a 
critical temperature greater than or equal to 26°K; 

a temperature controller maintaining the temperature of said 
composition at a temperature less than said critical 
temperature to induce said superconducting state in said 
metal oxide phase; and 

a current source passing an electrical current through said 
composition while said metal oxide phase is in said 
superconducting state. 

CLAIM 190 

Claim 190 which is allowed recites: 

CLAIM 190 An apparatus comprising a current source 
flowing a superconducting electrical current in a composition 
of matter having a Tc greater than or equal to 26°K, said 



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composition comprising at least one each of a Group 1MB 
element, an alkaline earth, and copper oxide and a 
temperature controller maintaining said composition of 
matter at a temperature less than Tc. 

CLAIM 191 

CLAIM 191 which is allowed recites: 

CLAIM 191 An apparatus comprising a current source 
flowing a superconducting electrical current in a composition 
of matter having a Tc greater than or equal to 26°K, said 
composition comprising at least one each of a rare earth, 
alkaline earth, and copper oxide and a temperature 
controller maintaining said composition of matter at a 
temperature less than said Tc. 



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CLAIM 192 



Claim 192 recites: 

CLAIM 192 An apparatus comprising a current source flowing a 
superconducting electrical current in a composition of matter having 
a Tc greater than or equal to 26°K, said composition comprising at 
least one each of a rare earth, and copper oxide and a temperature 
controller maintaining said composition of matter at a temperature 
less than said Tc. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 193 



Claim 193 recites: 

CLAIM 193 An apparatus comprising a current source 
flowing a superconducting electrical current in a composition 
of matter having a Tc greater than or equal to 26°K carrying, 
said composition comprising at least one each of a Group III 
B element, and copper oxide and a temperature controller 
maintaining said composition of matter at a temperature less 
than said Tc. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 194 



Claim 194 recites: 

CLAIM 194 An apparatus comprising a current source 
flowing a superconducting electrical current in a transition 
metal oxide comprising a Tc greater than or equal to 26°K 
and a temperature controller maintaining said transition 
metal oxide at a temperature less than said Tc. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 195 



Claim 195 recites: 

CLAIM 195 An apparatus comprising a current source 
flowing a superconducting electrical current in a copper 
oxide composition of matter comprising a Tc greater than or 
equal to 26°K and a temperature controller maintaining said 
copper oxide composition of matter at a temperature less 
than said Tc. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 196 

Claim 196 which is allowed recites: 

CLAIM 196 An apparatus comprising: 

a composition including a transition metal, a Group III B 
element, an alkaline earth element, and oxygen, where said 
composition is a mixed transition metal oxide having a non- 
stoichiometric amount of oxygen therein and exhibiting a 
superconducting state at a temperature greater than or equal 
to 26°K, 

a temperature controller maintaining said composition in said 
superconducting state at a temperature greater than or equal 
to 26°K, and 

a current source passing an electrical current through said 
composition while said composition is in said 
superconducting state. 

CLAIM 197 

Claim 197 which is allowed recites: 

CLAIM 197 The apparatus of claim 196, where said 
transition metal is copper. 



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CLAIM 198 



Claim 198 recites: 

CLAIM 198 A superconductive apparatus for causing 
electric current flow in a superconductive state at a 
temperature greater than or equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a 
substantially layered perovskite crystal structure, the 
composition having a superconductor transition temperature 
Tc of greater than or equal to 26°K; 

(b) a temperature controller maintaining the superconductor 
element at a temperature greater than or equal to 26°K and 
below the superconductor transition temperature Tc of the 
superconductive composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 



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persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 199 

Claim 199 recites: 

CLAIM 198 A superconductive apparatus for causing 
electric current flow in a superconductive state at a 
temperature greater than or equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a 
substantially layered perovskite crystal structure, the 
composition having a superconductor transition temperature 
Tc of greater than or equal to 26°K; 

(b) a temperature controller maintaining the superconductor 
element at a temperature greater than or equal to 26°K and 
below the superconductor transition temperature Tc of the 
superconductive composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 

CLAIM 199 The superconductive apparatus according to 
claim 198 in which the copper-oxide compound of the 
superconductive composition includes at least one element 
selected from the group consisting of a rare-earth element, a 
Group III B element and an alkaline-earth element . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 



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given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 200 

Claim 200 recites: 

CLAIM 198 A superconductive apparatus for causing 
electric current flow in a superconductive state at a 
temperature greater than or equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a 
substantially layered perovskite crystal structure, the 
composition having a superconductor transition temperature 
Tc of greater than or equal to 26°K; 

(b) a temperature controller maintaining the superconductor 
element at a temperature greater than or equal to 26°K and 
below the superconductor transition temperature Tc of the 
superconductive composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 

CLAIM 199 The superconductive apparatus according to 
claim 198 in which the copper-oxide compound of the 
superconductive composition includes at least one element 
selected from the group consisting of a rare-earth element, a 
Group III B element and an alkaline-earth element . 



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CLAIM 200 The superconductive apparatus according to 
claim 199 in which the rare-earth is lanthanum . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 201 

Claim 201 recites: 

CLAIM 198 A superconductive apparatus for causing 
electric current flow in a superconductive state at a 
temperature greater than or equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a 
substantially layered perovskite crystal structure, the 
composition having a superconductor transition temperature 
Tc of greater than or equal to 26°K; 

(b) a temperature controller maintaining the superconductor 
element at a temperature greater than or equal to 26°K and 
below the superconductor transition temperature Tc of the 
superconductive composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 

CLAIM 199 The superconductive apparatus according to 
claim 198 in which the copper-oxide compound of the 
superconductive composition includes at least one element 
selected from the group consisting of a rare-earth element, a 
Group III B element and an alkaline-earth element . 

CLAIM 201 The superconductive apparatus according to 
claim 199 in which the alkaline-earth element is barium . 



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The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 202 



Claim 202 recites: 

CLAIM 198 A superconductive apparatus for causing 
electric current flow in a superconductive state at a 
temperature greater than or equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a 
substantially layered perovskite crystal structure, the 
composition having a superconductor transition temperature 
Tc of greater than or equal to 26°K; 

(b) a temperature controller maintaining the superconductor 
element at a temperature greater than or equal to 26°K and 
below the superconductor transition temperature Tc of the 
superconductive composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 

CLAIM 202 The superconductive apparatus according to 
claim 198 in which the copper-oxide compound of the 
superconductive composition includes mixed valent copper 
ions . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 



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has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 203 

Claim 203 recites: 

CLAIM 198 A superconductive apparatus for causing 
electric current flow in a superconductive state at a 
temperature greater than or equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a 
substantially layered perovskite crystal structure, the 
composition having a superconductor transition temperature 
Tc of greater than or equal to 26°K; 

(b) a temperature controller maintaining the superconductor 
element at a temperature greater than or equal to 26°K and 
below the superconductor transition temperature Tc of the 
superconductive composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 

CLAIM 202 The superconductive apparatus according to 
claim 198 in which the copper-oxide compound of the 
superconductive composition includes mixed valent copper 
ions . 

CLAIM 203 The superconductive apparatus according to 
claim 202 in which the copper-oxide compound includes at 
least one element in a nonstoichiometric atomic proportion . 

Volume 3 Page 288 of 1 770 



The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 204 

Claim 204 recites: 

CLAIM 198 A superconductive apparatus for causing 
electric current flow in a superconductive state at a 
temperature greater than or equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a 
substantially layered perovskite crystal structure, the 
composition having a superconductor transition temperature 
Tc of greater than or equal to 26°K; 

(b) a temperature controller maintaining the superconductor 
element at a temperature greater than or equal to 26°K and 
below the superconductor transition temperature Tc of the 
superconductive composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 

CLAIM 202 The superconductive apparatus according to 
claim 198 in which the copper-oxide compound of the 
superconductive composition includes mixed valent copper 
ions . 

CLAIM 203 The superconductive apparatus according to 
claim 202 in which the copper-oxide compound includes at 
least one element in a nonstoichiometric atomic proportion . 

Volume 3 Page 290 of 1 770 



CLAIM 204 The superconductive apparatus according to 
claim 203 in which oxygen is present in the copper-oxide 
compound in a nonstoichiometric atomic proportion . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 205 

Claim 205 recites: 

CLAIM 205 A superconductive apparatus for conducting an 
electric current essentially without resistive losses, 
comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a 
substantially layered perovskite crystal structure, the copper- 
oxide compound including at least one element selected 
from the group consisting of a rare-earth element, a Group III 
B element and an alkaline-earth element , the composition 
having a superconductive/resistive transition defining a 
superconductive/resistive-transition temperature range 
between an upper limit defined by a transition-onset 
temperature Tc and a lower limit defined by an effectively- 
zero-bulk-resistivity intercept temperature Tp=0, the 
transition-onset temperature Tc being greater than or equal 
to 26°K; 

(b) a temperature controller maintaining the superconductor 
element at a temperature below the effectively-zero-bulk- 
resistivity intercept temperature Tp=0 of the 
superconductive composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 



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The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 206 

Claim 206 recites: 

CLAIM 205 A superconductive apparatus for conducting an 
electric current essentially without resistive losses, 
comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a 
substantially layered perovskite crystal structure, the copper- 
oxide compound including at least one element selected 
from the group consisting of a rare-earth element, a Group III 
B element and an alkaline-earth element , the composition 
having a superconductive/resistive transition defining a 
superconductive/resistive-transition temperature range 
between an upper limit defined by a transition-onset 
temperature Tc and a lower limit defined by an effectively- 
zero-bulk-resistivity intercept temperature Tp=0, the 
transition-onset temperature Tc being greater than or equal 
to 26°K; 

(b) a temperature controller maintaining the superconductor 
element at a temperature below the effectively-zero-bulk- 
resistivity intercept temperature Tp=0 of the 
superconductive composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 



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CLAIM 206 The superconductive apparatus according to 
claim 205 in which said at least one element is lanthanum . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 207 

Claim 207 recites: 

CLAIM 205 A superconductive apparatus for conducting an 
electric current essentially without resistive losses, 
comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a 
substantially layered perovskite crystal structure, the copper- 
oxide compound including at least one element selected 
from the group consisting of a rare-earth element, a Group III 
B element and an alkaline-earth element , the composition 
having a superconductive/resistive transition defining a 
superconductive/resistive-transition temperature range 
between an upper limit defined by a transition-onset 
temperature Tc and a lower limit defined by an effectively- 
zero-bulk-resistivity intercept temperature Tp=0, the 
transition-onset temperature Tc being greater than or equal 
to 26°K; 

(b) a temperature controller maintaining the superconductor 
element at a temperature below the effectively-zero-bulk- 
resistivity intercept temperature Tp=0 of the 
superconductive composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 



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CLAIM 207 The superconductive apparatus according to 
claim 205 in which the alkaline-earth element is barium . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 208 

Claim 208 recites: 

CLAIM 205 A superconductive apparatus for conducting an 
electric current essentially without resistive losses, 
comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a 
substantially layered perovskite crystal structure, the copper- 
oxide compound including at least one element selected 
from the group consisting of a rare-earth element, a Group III 
B element and an alkaline-earth element , the composition 
having a superconductive/resistive transition defining a 
superconductive/resistive-transition temperature range 
between an upper limit defined by a transition-onset 
temperature Tc and a lower limit defined by an effectively- 
zero-bulk-resistivity intercept temperature Tp=0, the 
transition-onset temperature Tc being greater than or equal 
to 26°K; 

(b) a temperature controller maintaining the superconductor 
element at a temperature below the effectively-zero-bulk- 
resistivity intercept temperature Tp=0 of the 
superconductive composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 



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CLAIM 208 The superconductive apparatus according to 
claim 205 in which the copper-oxide compound of the 
superconductive composition includes mixed valent copper 
ions . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 209 

Claim 209 recites: 

CLAIM 205 A superconductive apparatus for conducting an 
electric current essentially without resistive losses, 
comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a 
substantially layered perovskite crystal structure, the copper- 
oxide compound including at least one element selected 
from the group consisting of a rare-earth element, a Group III 
B element and an alkaline-earth element , the composition 
having a superconductive/resistive transition defining a 
superconductive/resistive-transition temperature range 
between an upper limit defined by a transition-onset 
temperature Tc and a lower limit defined by an effectively- 
zero-bulk-resistivity intercept temperature Tp=0, the 
transition-onset temperature Tc being greater than or equal 
to 26°K; 

(b) a temperature controller maintaining the superconductor 
element at a temperature below the effectively-zero-bulk- 
resistivity intercept temperature Tp=0 of the 
superconductive composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 



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CLAIM 208 The superconductive apparatus according to 
claim 205 in which the copper-oxide compound of the 
superconductive composition includes mixed valent copper 
ions . 

CLAIM 209 The superconductive apparatus according to 
claim 208 in which the copper-oxide compound includes at 
least one element in a nonstoichiometric atomic proportion . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 210 

Claim 210 recites: 

CLAIM 205 A superconductive apparatus for conducting an 
electric current essentially without resistive losses, 
comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a 
substantially layered perovskite crystal structure, the copper- 
oxide compound including at least one element selected 
from the group consisting of a rare-earth element, a Group III 
B element and an alkaline-earth element , the composition 
having a superconductive/resistive transition defining a 
superconductive/resistive-transition temperature range 
between an upper limit defined by a transition-onset 
temperature Tc and a lower limit defined by an effectively- 
zero-bulk-resistivity intercept temperature Tp=0, the 
transition-onset temperature Tc being greater than or equal 
to 26°K; 

(b) a temperature controller maintaining the superconductor 
element at a temperature below the effectively-zero-bulk- 
resistivity intercept temperature Tp=0 of the 
superconductive composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 



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CLAIM 208 The superconductive apparatus according to 
claim 205 in which the copper-oxide compound of the 
superconductive composition includes mixed valent copper 
ions . 

CLAIM 209 The superconductive apparatus according to 
claim 208 in which the copper-oxide compound includes at 
least one element in a nonstoichiometric atomic proportion . 

CLAIM 210 The superconductive apparatus according to 
claim 209 in which oxygen is present in the copper-oxide 
compound in a nonstoichiometric atomic proportion . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 211 



Claim 211 recites: 

CLAIM 21 1 A superconductive apparatus for causing 
electric-current flow in a superconductive state at a 
temperature greater than or equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a 
substantially layered perovskite crystal structure, the 
composition having a superconductive transition temperature 
Tc of greater than or equal to 26°K , said superconductive 
composition includes at least one element selected from the 
group consisting of a Group II A element, a rare earth 
element; and a Group III B element; 

(b) a temperature controller maintaining the superconductor 
element at a temperature greater than or equal to 26°K and 
below the superconductor transition temperature Tc of the 
superconductive composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 



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has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 212 

Claim 212 recites: 

CLAIM 212 A superconductive apparatus for conducting an 
electric current essentially without resistive losses, 
comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a 
substantially layered perovskite crystal structure, the copper- 
oxide compound including at least one element selected 
from the group consisting of a Group II A element, a rare 
earth element and a Group III B element , the composition 
having a superconductive/resistive transition defining a 
superconductive/resistive-transition temperature range 
between an upper limit defined by a transition-onset 
temperature Tc and a lower limit defined by an effectively- 
zero-bulk-resistivity intercept temperature Tp=0, the 
transition-onset temperature Tc being greater than or equal 
to 26°K; 

(b) a temperature controller maintaining the superconductor 
element at a temperature below the effectively-zero-bulk- 
resistivity intercept temperature Tp=o of the superconductive 
composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 



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The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 213 

Claim 213 which is allowed recites: 

CLAIM 213 A superconductive apparatus for causing 
electric-current flow in a superconductive state at a 
temperature greater than or equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a 
substantially layered perovskite crystal structure, the 
composition having a superconductive transition temperature 
Tc of greater than or equal to 26°K, said superconductive 
composition includes a Group II A element and at least one 
element selected from the group consisting of a rare earth 
element and a Group III B element; 

(b) a temperature controller maintaining the superconductor 
element at a temperature greater than or equal to 26°K and 
below the superconductor transition temperature Tc of the 
superconductive composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 



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CLAIM 214 

Claim 214 which is allowed recites: 

CLAIM 214 A superconductive apparatus for conducting an electric 
current essentially without resistive losses, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound having a substantially 
layered perovskite crystal structure, the copper-oxide compound 
including a Group II A element and at least one element selected 
from the group consisting of a rare earth element and a Group 1MB 
element, the composition having a superconductive/resistive 
transition defining a superconductive-resistive-transition 
temperature range between an upper limit defined by a transition- 
onset temperature Tc and a lower limit defined by an effectively- 
zero-bulk-resistivity intercept temperature Tp=0, the transition-onset 
temperature Tc being greater than or equal to 26°K; 

(b) a temperature controller maintaining the superconductor 
element at a temperature below the effectively-zero-bulk-resistivity 
intercept temperature Tp=0 of the superconductive composition; 
and 

(c) a current source causing an electric current to flow in the 
superconductor element. 



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CLAIM 215 

Claim 215 which is allowed recites: 

CLAIM 215 A superconductive apparatus for causing 
electric-current flow in a superconductive state at a 
temperature greater than or equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a transition metal oxide compound having a 
substantially layered perovskite crystal structure, the 
composition having a superconductive transition temperature 
Tc of greater than or equal to 26°K, said superconductive 
composition includes a Group II A element and at least one 
element selected from the group consisting of a rare earth 
element and a Group III B element; 

(b) a temperature controller maintaining the superconductor 
element at a temperature greater than or equal to 26°K and 
below the superconductor transition Tc of the 
superconductive composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 



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CLAIM 216 

Claim 216 which is allowed recites: 

CLAIM 216 A superconductive apparatus for conducting an 
electric current essentially without resistive losses, 
comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a transition metal-oxide compound having a 
substantially layered perovskite crystal structure, the 
transition metal-oxide compound including a Group II A 
element and at least one element selected from the group 
consisting of a rare earth element and a Group III B element, 
the composition having a superconductive/resistive transition 
defining a superconductive/resistive-transition temperature 
range between an upper limit defined by a transition-onset 
temperature Tc and a lower limit defined by an effectively- 
zero-bulk-resistivity intercept temperature Tp=0, the 
transition-onset temperature Tc being greater than or equal 
to 26°K; 

(b) a temperature controller maintaining the superconductor 
element at a temperature below the effectively-zero-bulk- 
resistivity intercept temperature Tp=0 of the superconductive 
composition; and 

(c) a current source causing an electric current to flow in the 
superconductor element. 



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CLAIM 217 



Claim 217 recites: 

CLAIM 182 An apparatus comprising a composition having 
a transition temperature greater than or equal to 26°K, the 
composition including a rare earth or alkaline earth element, 
a transition metal element capable of exhibiting multivalent 
states and oxygen, including at least one phase that exhibits 
superconductivity at temperature greater than or equal to 
26°K, a temperature controller maintaining said composition 
at said temperature to exhibit said superconductivity and a 
current source passing an electrical superconducting current 
through said composition with said phrase exhibiting said 
superconductivity. 

CLAIM 217 An apparatus according to claim 182 wherein 
said composition comprises a substantially layered 
perovskite crystal structure . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 



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Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 218 



Claim 218 recites: 

CLAIM 183 An apparatus comprising a superconducting 
transition metal oxide having a superconductive onset 
temperature greater than or equal to 26°K, a temperature 
controller maintaining said superconducting transition metal 
oxide at a temperature less than said superconducting onset 
temperature and a current source flowing a superconducting 
current therein. 

CLAIM 218 An apparatus according to claim 183 wherein 
said superconducting transition metal oxide comprises a 
substantially layered perovskite crystal structure . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 



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view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 219 



Claim 219 recites: 

CLAIM 184 An apparatus comprising a superconducting 
copper oxide having a superconductive onset temperature 
greater than or equal to 26°K, a temperature controller 
maintaining said superconducting copper oxide at a 
temperature less than said superconducting onset 
temperature and a current source flowing a superconducting 
current in said superconducting oxide. 

CLAIM 219 An apparatus according to claim 184 wherein 
said superconducting copper oxide comprises a substantially 
layered perovskite crystal structure . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 



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view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 220 

Claim 220 which is allowed recites: 

CLAIM 220 An apparatus according to claim 185 wherein 
said superconducting oxide composition comprises a 
substantially layered perovskite crystal structure. 

CLAIM 221 

Claim 221 which is allowed recites: 

CLAIM 221 An apparatus according to claim 186 wherein 
said superconducting oxide composition comprises a 
substantially layered perovskite crystal structure. 



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CLAIM 222 



Claim 222 which depends on claim 187 recites: 

CLAIM 187 An apparatus comprising a superconducting 
electrical current in a transition metal oxide having a Tc 
greater than or equal to 26°K and maintaining said transition 
metal oxide at a temperature less than said Tc. 

CLAIM 222 An apparatus according to claim 187 wherein 
said transition (SIC) metal oxide comprises a substantially 
layered perovskite crystal structure . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 223 



Claim 223 recites: 

CLAIM 188 An apparatus comprising a current source 
flowing a superconducting current in a copper oxide having a 
Tc greater than or equal to 26°K and a temperature 
controller maintaining said copper oxide at a temperature 
less than said Tc. 

CLAIM 223 An apparatus according to claim 188 wherein 
said copper oxide comprises a substantially layered 
perovskite crystal structure . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 224 

Claim 224 which is allowed recites: 

CLAIM 224 An apparatus according to claim 189 wherein 
said composition comprises a substantially layered 
perovskite crystal structure. 



Claim 225 which is allowed recites: 

CLAIM 225 An apparatus according to claim 190 wherein 
said composition of matter comprises a substantially layered 
perovskite crystal structure. 



Claim 226 which is allowed recites: 

CLAIM 226 An apparatus according to claim 191 wherein 
said composition of matter comprises substantially layered 
perovskite crystal structure. 



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CLAIM 227 



CLAIM 227 recites: 

CLAIM 192 An apparatus comprising a current source flowing a 
superconducting electrical current in a composition of matter having 
a Tc greater than or equal to 26°K, said composition comprising at 
least one each of a rare earth, and copper oxide and a temperature 
controller maintaining said composition of matter at a temperature 
less than said Tc. 

CLAIM 227 An apparatus according to claim 192 wherein said 
composition of matter comprises a substantially layered perovskite 
crystal structure . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 228 



CLAIM 228 recites: 

CLAIM 193 An apparatus comprising a current source 
flowing a superconducting electrical current in a composition 
of matter having a Tc greater than or equal to 26°K carrying, 
said composition comprising at least one each of a Group III 
B element, and copper oxide and a temperature controller 
maintaining said composition of matter at a temperature less 
than said Tc. 

CLAIM 228 An apparatus according to claim 193 wherein 
said composition of matter comprises substantially layered 
perovskite crystal structure . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 



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view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 229 



CLAIM 229 recites: 

CLAIM 194 An apparatus comprising a current source 
flowing a superconducting electrical current in a transition 
metal oxide comprising a Tc greater than or equal to 26°K 
and a temperature controller maintaining said transition 
metal oxide at a temperature less than said Tc. 

CLAIM 229 An apparatus according to claim 194 wherein 
said transition (SIC) metal oxide comprises substantially 
layered perovskite crystal structure . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 230 



CLAIM 230 recites: 

CLAIM 195 An apparatus comprising a current source 
flowing a superconducting electrical current in a copper 
oxide composition of matter comprising a Tc greater than or 
equal to 26°K and a temperature controller maintaining said 
copper oxide composition of matter at a temperature less 
than said Tc. 

CLAIM 230 An apparatus according to claim 195 wherein 
said copper oxide composition comprises substantially 
layered perovskite crystal structure . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 



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view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 231 



Claim 231 which is allowed recites: 

CLAIM 231 An apparatus comprising a composition of matter having a 
Tc greater than or equal to 26°K carrying a superconducting current, 
said composition comprising at least one each of a rare earth, an 
alkaline earth, and copper oxide. 



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CLAIM 232 



CLAIM 232 recites: 

CLAIM 232 An apparatus comprising: 

a transition metal oxide comprising a phase therein which 
exhibits a superconducting state at a critical temperature 
greater than or equal to 26°K, 

a temperature controller for maintaining the temperature of 
said material at a temperature less than said critical 
temperature to produce said superconducting state in said 
phase, and 

a source of an electrical supercurrent through said transition 
metal oxide while it is in said superconducting state. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 



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has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 233 



CLAIM 233 recites: 

CLAIM 232 An apparatus comprising: 

a transition metal oxide comprising a phase therein which 
exhibits a superconducting state at a critical temperature 
greater than or equal to 26°K, 

a temperature controller for maintaining the temperature of 
said material at a temperature less than said critical 
temperature to produce said superconducting state in said 
phase, and 

a source of an electrical supercurrent through said transition 
metal oxide while it is in said superconducting state. 

CLAIM 233 An apparatus according to claim 232, where 
said transition metal oxide is comprised of a transition metal 
capable of exhibiting multivalent states . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 



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Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 234 



CLAIM 234 recites: 

CLAIM 232 An apparatus comprising: 

a transition metal oxide comprising a phase therein which 
exhibits a superconducting state at a critical temperature 
greater than or equal to 26°K, 

a temperature controller for maintaining the temperature of 
said material at a temperature less than said critical 
temperature to produce said superconducting state in said 
phase, and 

a source of an electrical supercurrent through said transition 
metal oxide while it is in said superconducting state. 

CLAIM 234 An apparatus according to claim 232, where 
said transition metal oxide is comprised of a Cu oxide . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 



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1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 235 

Claim 235 which is allowed recites: 

CLAIM 235 An apparatus comprising: 

a composition including a transition metal, a rare earth or 
rare earth-like element, an alkaline earth element, and 
oxygen, where said composition is a mixed transition metal 
oxide comprising a non-stoichiometric amount of oxygen 
therein and exhibiting a superconducting state at a 
temperature greater than or equal to 26°K, 

a temperature controller for maintaining said composition in 
said superconducting state at a temperature greater than or 
equal to 26°K, and 

a source of an electrical current through said composition 
while said composition is in said superconducting state. 



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CLAIM 236 



Claim 236 which is allowed recites: 



CLAIM 236 An apparatus according to claim 235, where 
said transition metal is copper. 



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CLAIM 237 



CLAIM 237 recites: 

CLAIM 237 An apparatus comprising: 

a composition exhibiting a superconductive state at a 
temperature greater than or equal to 26°K, a temperature 
controller for maintaining said composition at a 
temperature greater than or equal to 26°K at which 
temperature said composition exhibits said superconductive 
state, and 

a source of an electrical current through said composition 
while said composition is in said superconductive state. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 



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view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 238 



CLAIM 238 recites: 

CLAIM 237 An apparatus comprising: 

a composition exhibiting a superconductive state at a 
temperature greater than or equal to 26°K, a temperature 
controller for maintaining said composition at a 
temperature greater than or equal to 26°K at which 
temperature said composition exhibits said superconductive 
state, and 

a source of an electrical current through said composition 
while said composition is in said superconductive state. 

CLAIM 238 An apparatus according to claim 237, where 
said composition is comprised of a metal oxide . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 



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Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 239 



CLAIM 239 recites: 

CLAIM 237 An apparatus comprising: 

a composition exhibiting a superconductive state at a 
temperature greater than or equal to 26°K, a temperature 
controller for maintaining said composition at a 
temperature greater than or equal to 26°K at which 
temperature said composition exhibits said superconductive 
state, and 

a source of an electrical current through said composition 
while said composition is in said superconductive state. 

CLAIM 238 An apparatus according to claim 237, where 
said composition is comprised of a metal oxide . 

CLAIM 239 An apparatus according to claim 238, where 
said composition is comprised of a transition metal oxide . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 



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Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 240 



CLAIM 240 recites: 

CLAIM 240 An apparatus capable of carrying electric 
current flow in a superconductive state at a temperature 
greater than or equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound comprising a layer- 
type perovskite-like crystal structure, the composition 
comprising a superconductor transition temperature Tc of 
greater than or equal to 26°K; 

(b) a temperature controller for maintaining the 
superconductor element at a temperature greater than or 
equal to 26°K and below the superconductor transition 
temperature Tc of the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 



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without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 241 

Claim 241 which is allowed recites: 

CLAIM 241 An apparatus according to claim 240 in which 
the copper-oxide compound of the superconductive 
composition includes at least one rare-earth or rare-earth- 
like element and at least one alkaline-earth element. 



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CLAIM 242 



Claim 242 which is allowed recites: 



CLAIM 242 An apparatus according to claim 241 in which 
the rare-earth or rare-earth-like element is lanthanum. 



CLAIM 243 

Claim 243 which is allowed recites: 

CLAIM 243 An apparatus according to claim 241 in which 
the alkaline-earth element is barium. 



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CLAIM 244 



CLAIM 244 recites: 

CLAIM 240 An apparatus capable of carrying electric 
current flow in a superconductive state at a temperature 
greater than or equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound comprising a layer- 
type perovskite-like crystal structure, the composition 
comprising a superconductor transition temperature Tc of 
greater than or equal to 26°K; 

(b) a temperature controller for maintaining the 
superconductor element at a temperature greater than or 
equal to 26°K and below the superconductor transition 
temperature Tc of the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 

CLAIM 244 An apparatus according to claim 240 in which 
the copper-oxide compound of the superconductive 
composition includes mixed valent copper ions . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 



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Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 245 

CLAIM 245 recites: 

CLAIM 240 An apparatus capable of carrying electric 
current flow in a superconductive state at a temperature 
greater than or equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound comprising a layer- 
type perovskite-like crystal structure, the composition 
comprising a superconductor transition temperature Tc of 
greater than or equal to 26°K; 

(b) a temperature controller for maintaining the 
superconductor element at a temperature greater than or 
equal to 26°K and below the superconductor transition 
temperature Tc of the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 

CLAIM 244 An apparatus according to claim 240 in which 
the copper-oxide compound of the superconductive 
composition includes mixed valent copper ions . 

CLAIM 245 An apparatus according to claim 244 in which 
the copper-oxide compound includes at least one element in 
a nonstoichiometric atomic proportion . 



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The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 246 

CLAIM 246 recites: 

CLAIM 240 An apparatus capable of carrying electric 
current flow in a superconductive state at a temperature 
greater than or equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound comprising a layer- 
type perovskite-like crystal structure, the composition 
comprising a superconductor transition temperature Tc of 
greater than or equal to 26°K; 

(b) a temperature controller for maintaining the 
superconductor element at a temperature greater than or 
equal to 26°K and below the superconductor transition 
temperature Tc of the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 

CLAIM 244 An apparatus according to claim 240 in which 
the copper-oxide compound of the superconductive 
composition includes mixed valent copper ions . 

CLAIM 245 An apparatus according to claim 244 in which 
the copper-oxide compound includes at least one element in 
a nonstoichiometric atomic proportion . 



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CLAIM 246 An apparatus according to claim 245 in which 
oxygen is present in the copper-oxide compound in a 
nonstoichiometric atomic proportion . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 247 

CLAIM 247 which is allowed recites: 

CLAIM 247 An apparatus for conducting an electric current 
essentially without resistive losses, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound comprising a layer- 
type perovskite-like crystal structure, the copper-oxide 
compound including at least one rare-earth or rare-earth-like 
element and at least one alkaline-earth element, the 
composition comprising a superconductive/resistive 
transition defining a superconductive/resistive-transition 
temperature range between an upper limit defined by a 
transition-onset temperature Tc and a lower limit defined by 
an 

effectively-zero-bulk-resistivity intercept temperature Tp=0 , 
the transition-onset temperature Tc being greater than or 
equal to 26°K; 

(b) a temperature controller for maintaining the 
superconductor element at a temperature below the 
effectively-zero-bulk-resistivity intercept temperature Tp=0 of 
the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 



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CLAIM 248 



Claim 248 which is allowed recites: 



CLAIM 248 An apparatus according to claim 247 in which 
the rare-earth or rare-earth-like element is lanthanum. 



CLAIM 249 

Claim 249 which is allowed recites: 

CLAIM 249 An apparatus according to claim 247 in which 
the alkaline-earth element is barium. 



Claim 250 which is allowed recites: 

CLAIM 250 An apparatus according to claim 247 in which 
the copper-oxide compound of the superconductive 
composition includes mixed valent copper ions. 



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CLAIM 251 

Claim 251 which is allowed recites: 

CLAIM 251 An apparatus according to claim 250 in which 
the copper-oxide compound includes at least one element in 
a nonstoichiometric atomic proportion. 

CLAIM 252 

Claim 252 which is allowed recites: 

CLAIM 252 An apparatus according to claim 251 in which 
oxygen is present in the copper-oxide compound in a 
nonstoichiometric atomic proportion. 



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CLAIM 253 



CLAIM 253 recites: 

CLAIM 253 An apparatus comprising: 

a copper oxide comprising a phase therein which exhibits a 
superconducting state at a critical temperature greater than 
or equal to 26°K; 

a temperature controller for maintaining the temperature of 
said material at a temperature less than said critical 
temperature to produce said superconducting state in said 
phase; 

a source of an electrical supercurrent through said copper 
oxide while it is in said superconducting state; 

said copper oxide includes at least one element selected 
from the group consisting of a Group II A element, a rare 
earth element and a Group III B element . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 



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Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 254 



CLAIM 254 recites: 

CLAIM 254 An apparatus comprising: 

a composition including copper, oxygen and an element 
selected from the group consisting of a Group II A element, a 
rare earth element and a Group III B element, where said 
composition is a mixed copper oxide comprising a non- 
stoichiometric amount of oxygen therein and exhibiting a 
superconducting state at a temperature greater than or equal 
to 26°K; 

a temperature controller for maintaining said composition in 
said superconducting state at a temperature greater than or 
equal to 26°K; and 

a source of an electrical current through said composition 
while said composition is in said superconducting state. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 



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1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 255 



CLAIM 255 recites: 

CLAIM 255 An apparatus comprising: 

a composition exhibiting a superconductive state at a 
temperature greater than or equal to 26°K; 

a temperature controller for maintaining said composition at 
a temperature greater than or equal to 26°K at which 
temperature said composition exhibits said superconductive 
state; 

a source of an electrical current through said composition 
while said composition is in said superconductive state; and 

said composition including a copper oxide and an element 
selected from the group consisting of Group II A element, a 
rare earth element and a Group III B element . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 



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1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 256 



CLAIM 256 recites: 

CLAIM 256 An apparatus capable of carrying an electric- 
current flow in a superconductive state at a temperature 
greater than or equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound comprising a layer- 
type perovskite-like crystal structure , the composition 
comprising a superconductive transition temperature Tc of 
greater than or equal to 26°K, said superconductive 
composition includes at least one element selected from the 
group consisting of a Group II A element, a rare earth 
element: and a Group III B element : 

(b) a temperature controller for maintaining the 
superconductor element at a temperature greater than or 
equal to 26°K and below the superconductor transition 
temperature Tc of the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 



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come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 257 

CLAIM 257 recites: 

CLAIM 257 An apparatus capable of carrying an electric 
current essentially without resistive losses, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound comprising a layer- 
type perovskite-like crystal structure, the copper-oxide 
compound including at least one element selected from the 
group consisting of a Group II A element, a rare earth 
element and a Group III B element , the composition 
comprising a superconductive/resistive transition defining a 
superconductive/resistive-transition temperature range 
between an upper limit defined by a transition-onset 
temperature Tc and a lower limit defined by an effectively- 
zero-bulk-resistivity intercept temperature Tp=0, the 
transition-onset temperature Tc being greater than or equal 
to 26°K; 

(b) a temperature controller for maintaining the 
superconductor element at a temperature below the 
effectively-zero-bulk-resistivity intercept temperature Tp=0 of 
the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 



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The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 258 

Claim 258 which is allowed recites: 

CLAIM 258 An apparatus comprising: 

a copper oxide comprising a phase therein which exhibits a 
superconducting state at a critical temperature greater than 
or equal to 26°K; 

a temperature controller for maintaining the temperature of 
said material at a temperature less than said critical 
temperature to produce said superconducting state in said 
phase; 

a source of an electrical supercurrent through said copper 
oxide while it is in said superconducting state; 

said copper oxide includes at least one element selected 
from the group consisting of a Group II A element and at 
least one element selected from the group consisting of a 
rare earth element and a Group III B element. 



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CLAIM 259 

Claim 259 which is allowed recites: 

CLAIM 259 An apparatus comprising: 

a composition including copper, oxygen and an element 
selected from the group consisting of at least one Group II A 
element and at least one element selected from the group 
consisting of a rare earth element and a Group III B element, 
where said composition is a mixed copper oxide comprising 
a non-stoichiometric amount of oxygen therein and exhibiting 
a superconducting state at a temperature greater than or 
equal to 26°K; 

a temperature for maintaining said composition in said 
superconducting state at a temperature greater than or equal 
to 26°K; and 

a source of an electrical current through said composition 
while said composition is in said superconducting state. 

CLAIM 260 

Claim 260 which is allowed recites: 

CLAIM 260 An apparatus comprising: 

a composition exhibiting a superconductive state at a 
temperature greater than or equal to 26°K; 



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a temperature for maintaining said composition at a 
temperature greater than or equal to 26°K at which 
temperature said composition exhibits said superconductive 
state; 

a source of an electrical current through said composition 
while said composition is in said superconductive state; and 

said composition including a copper oxide and at least one 
element selected from the group consisting of Group II A and 
at least one element selected from the group consisting of a 
rare earth element and a Group III B element. 

CLAIM 261 

Claim 261 which is allowed recites: 

CLAIM 261 An apparatus capable of carrying an electric- 
current flow in a superconductive state at a temperature 
greater than or equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound comprising a layer- 
type perovskite-like crystal structure, the composition 
comprising a superconductive transition temperature Tc of 
greater than or equal to 26°K, said superconductive 
composition includes at least one element selected from the 
group consisting of a Group II A element and at least one 



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element selected from the group consisting of a rare earth 
element and a Group III B element; 

(b) a temperature controller for maintaining the 
superconductor element at a temperature greater than or 
equal to 26°K and below the superconductor transition 
temperature Tc of the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 

CLAIM 262 

Claim 262 which is allowed recites: 

CLAIM 262 An apparatus for conducting an electric current 
essentially without resistive losses, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound comprising a layer- 
type perovskite-like crystal structure, the copper-oxide 
compound including at least one element selected from the 
group consisting of a Group II A element and at least one 
element selected from the group consisting of a rare earth 
element and a Group III B element, the composition 
comprising a superconductive/resistive transition defining a 
superconductive-resistive-transition temperature range 
between an upper limit defined by a transition-onset 
temperature Tc and a lower limit defined by an effectively- 



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zero-bulk-resistivity intercept temperature Tp=0, the 
transition-onset temperature Tc being greater than or equal 
to 26°K; 

(b) a temperature controller for maintaining the 
superconductor element at a temperature below the 
effectively-zero-bulk-resistivity intercept temperature Tp=0 of 
the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 

CLAIM 263 

Claim 263 which is allowed recites: 

CLAIM 263 An apparatus comprising: 

a transition metal oxide comprising a phase therein which 
exhibits a superconducting state at a critical temperature 
greater than or equal to 26°K; 

a temperature controller for maintaining the temperature of 
said material at a temperature less than said critical 
temperature to produce said superconducting state in said 
phase; 

a source of an electrical supercurrent through said transition 
metal oxide while it is in said superconducting state; 



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said transitional metal oxide includes at least one element 
selected from the group consisting of a Group II A element 
and at lest one element selected from the group consisting 
of a rare earth element and a Group III B element. 

CLAIM 264 

Claim 264 which is allowed recites: 

CLAIMS 264 An apparatus comprising: 

a composition including a transition metal, oxygen and an 
element selected from the group consisting of at least one 
Group II A element and at least one element selected from 
the group consisting of a rare earth element and a Group III 
B element, where said composition is a mixed transitional 
metal oxide formed from said transition metal and said 
oxygen, said mixed transition metal oxide comprising a non- 
stoichiometric amount of oxygen therein and exhibiting a 
superconducting state at a temperature greater than or equal 
to 26°K; 

a temperature controller for maintaining said composition in 
said 



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CLAIM 265 

Claim 265 which is allowed recites: 

CLAIM 265 An apparatus comprising: 

a composition exhibiting a superconductive state at a 
temperature greater than or equal to 26°K; 

a temperature controller for maintaining said composition at 
a temperature greater than or equal to 26°K at which 
temperature said composition exhibits said superconductive 
state; 

a source of an electrical current through said composition 
while said composition is in said superconductive state; and 

said composition including a transitional metal oxide and at 
least one element selected from the group consisting of 
Group II A element and at least one element selected from 
the group consisting of a rare earth element and a Group III 
B element. 



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CLAIM 266 

Claim 266 which is allowed recites: 

CLAIM 266 An apparatus capable of carrying an electric- 
current flow in a superconductive state at a temperature 
greater than or equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a transition metal oxide compound comprising 
a layer-type perovskite-like crystal structure, the composition 
comprising a superconductive transition temperature Tc of 
greater than or equal to 26°K, said superconductive 
composition includes at least one element selected from the 
group consisting of a Group II A element and at least one 
element selected from the group consisting of a rare earth 
element and a Group III B element; 

(b) a temperature controller for maintaining the 
superconductor element at a temperature greater than or 
equal to 26°K and below the superconductor transition Tc of 
the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 



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CLAIM 267 

Claim 267 which is allowed recites: 

CLAIM 267 An apparatus for conducting an electric current 
essentially without resistive losses, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a transition metal-oxide compound comprising 
a layer-type perovskite-like crystal structure, the transition 
metal-oxide compound including at least one element 
selected from the group consisting of a Group II A element 
and at least one element selected from the group consisting 
of a rare earth element and a Group III B element, the 
composition comprising a superconductive/resistive 
transition defining a superconductive/resistive-transition 
temperature range between an upper limit defined by a 
transition-onset temperature Tc and a lower limit defined by 
an effectively-zero-bulk-resistivity intercept temperature 
Tp=0, the transition-onset temperature Tc being greater than 
or equal to 26°K; 

(b) a temperature controller for maintaining the 
superconductor element at a temperature below the 
effectively-zero-bulk-resistivity intercept temperature Tp=0 of 
the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 



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CLAIM 268 



CLAIM 268 recites: 

CLAIM 268 An apparatus comprising: 

a copper oxide comprising a phase therein which exhibits a 
superconducting state at a critical temperature greater than 
or equal to 26°K; 

a temperature controller for maintaining the temperature of 
said material at a temperature less than said critical 
temperature to produce said superconducting state in said 
phase; 

a source for an electrical supercurrent through said copper 
oxide while it is in said superconducting state; 

said copper oxide includes at least one element selected 
from group consisting of a Group II A element, at least one 
element selected from the group consisting of a rare earth 
element and at least one element selected from the group 
consisting of a Group III B element . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 



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persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 269 

Claim 269 which is allowed recites: 

CLAIM 269 An apparatus comprising: 

a composition including copper, oxygen and an element 
selected from the group consisting of at least one Group II A 
element and at least one element selected from the group 
consisting of a rare earth element at least one element 
selected from the group consisting of a Group 1MB element, 
where said composition is a mixed copper oxide comprising 
a non-stoichiometric amount of oxygen therein and exhibiting 
a superconducting state at a temperature greater than or 
equal to 26°K; 

a temperature controller for maintaining said composition in 
said superconducting state at a temperature greater than or 
equal to 26°K; and 

a source of an electrical current through said composition 
while said composition is in said superconducting state. 



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CLAIM 270 

Claim 270 which is allowed recites: 

CLAIM 270 An apparatus comprising: 

a composition exhibiting a superconductive state at a 
temperature greater than or equal to 26°K; 

a temperature controller for maintaining said composition at 
a temperature greater than or equal to 26°K at which 
temperature said composition exhibits said superconductive 
state; 

a source of an electrical current through said composition 
while said composition is in said superconductive state; and 

said composition including a copper oxide and at least one 
element selected from the group consisting of Group II A 
element, at least one element selected from the group 
consisting of a rare earth element and at least one element 
selected from the group consisting of a Group 1MB element. 



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CLAIM 271 

Claim 271 which is allowed recites: 

CLAIM 271 An apparatus for causing an electric-current 
flow in a superconductive state at a temperature greater than 
or equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound comprising a layer- 
type perovskite-like crystal structure, the composition 
comprising a superconductive transition temperature Tc of 
greater than or equal to 26°K, said superconductive 
composition includes at least one element selected from the 
group consisting of a Group II A element, at least one 
element selected from the group consisting of a rare earth 
element and at least one element selected from the group 
consisting of a Group III B element; 

(b) a temperature controller for maintaining the 
superconductor element at a temperature greater than or 
equal to 26°K and below the superconductor transition 
temperature Tc of the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 



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CLAIM 272 

Claim 272 which is allowed recites: 

CLAIM 272 An apparatus for conducting an electric current 
essentially without resistive losses, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound comprising a layer- 
type perovskite-like crystal structure, the copper-oxide 
compound including at least one element selected from the 
group consisting of a group II A element, at least one 
element selected from the group consisting of a rare earth 
element and at least one element selected from the group 
consisting of a Group III B element, the composition 
comprising a superconductive-resistive transition 
temperature defining a superconductive/resistive-transition 
temperature range between an upper limit defined by a 
transition-onset temperature Tc and a lower limit defined by 
an effectively-zero-bulk-resistivity intercept temperature 
Tp=0, the transition-onset temperature Tc being greater than 
or equal to 26°K; 

(b) a temperature controller for maintaining the 
superconductor element at a temperature below the 
effectively-zero-bulk-resistivity intercept temperature Tp=0 of 
the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 



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CLAIM 273 

CLAIM 273 recites: 

CLAIM 273 An apparatus comprising a composition 
comprising a transition temperature greater than or equal to 
26°K, the composition including a rare earth or alkaline earth 
element, a transition metal element capable of exhibiting 
multivalent states and oxygen , including at least one phase 
that exhibits superconductivity at temperature greater than or 
equal to 26°K, a temperature controller for maintaining said 
composition at said temperature to exhibit said 
superconductivity and a source of an electrical 
superconducting current through said composition with said 
phrase exhibiting said superconductivity. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 



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view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 274 



Claim 274 recites: 

CLAIM 274 An apparatus comprising providing a 
superconducting transition metal oxide comprising a 
superconductive onset temperature greater than or equal to 
26°K, a temperature controller for maintaining said 
superconducting transition metal oxide at a temperature less 
than said superconducting onset temperature and a source 
of a superconducting current therein. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 275 



Claim 275 recites: 

CLAIM 275 An apparatus comprising a superconducting 
copper oxide comprising a superconductive onset 
temperature greater than or equal to 26°K, a temperature 
controller for maintaining said superconducting copper oxide 
at a temperature less than said superconducting onset 
temperature and a source of a superconducting current in 
said superconducting oxide. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 276 

Claim 276 which is allowed recites: 

CLAIM 276 An apparatus comprising a superconducting 
oxide composition comprising a superconductive onset 
temperature greater than or equal to 26°K , a temperature 
controller for maintaining said superconducting copper oxide 
at a temperature less than said superconducting onset 
temperature and a source of a superconducting current 
therein, said composition comprising at least one each of 
rare earth, an alkaline earth, and copper. 

CLAIM 277 

Claim 277 which is allowed recites: 

CLAIM 277 An apparatus comprising a superconducting 
oxide composition comprising a superconductive onset 
temperature greater than or equal to 26°K, a temperature 
controller for maintaining said superconducting copper oxide 
at a temperature less than said superconducting onset 
temperature and a source of a superconducting electrical 
current therein, said composition comprising at least one 
each of a Group III B element, an alkaline earth, and copper. 



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CLAIM 278 



CLAIM 278 recites: 

CLAIM 278 An apparatus comprising a source of a 
superconducting electrical current in a transition metal oxide 
comprising a Tc greater than or equal to 26°K and a 
temperature controller for maintaining said transition metal 
oxide at a temperature less than said Tc. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 279 



CLAIM 279 recites: 

CLAIM 279 An apparatus comprising a source of a 
superconducting current in a copper oxide comprising a Tc 
greater than or equal to 26°K and a temperature controller 
for maintaining said copper oxide at a temperature less than 
said Tc. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 280 

Claim 280 which is allowed recites: 

CLAIM 280 An apparatus comprising: 

a composition of the formula Ba x La x -5, Cu 5 O y , wherein x is 
from about 0.75 to about 1 and y is the oxygen deficiency 
resulting from annealing said composition at temperatures 
from about 540°C to about 950°C and for times of about 15 
minutes to about 12 hours, said composition comprising a 
metal oxide phase which exhibits a superconducting state at 
a critical temperature greater than or equal to 26°K; 

a temperature controller for maintaining the temperature of 
said composition at a temperature less than said critical 
temperature to induce said superconducting state in said 
metal oxide phase; and 

a source of an electrical current through said composition 
while said metal oxide phase is in said superconducting 
state. 

CLAIM 281 

Claim 281 which is allowed recites: 

CLAIM 281 An apparatus comprising a source of a 
superconducting electrical current in a composition of matter 



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comprising a Tc greater than or equal to 26°K, said 
composition comprising at least one each of a III B element, 
an alkaline earth, and copper oxide and a temperature 
controller for maintaining said composition of matter at a 
temperature less than Tc. 

CLAIM 282 

Claim 282 which is allowed recites: 

CLAIM 282 An apparatus comprising a source of a 
superconducting electrical current in a composition of matter 
comprising a Tc greater than or equal to 26°K, said 
composition comprising at least one each of a rare earth, 
alkaline earth, and copper oxide and a temperature 
controller for maintaining said composition of matter at a 
temperature less than said Tc. 



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CLAIM 283 



CLAIM 283 recites: 

CLAIM 283 An apparatus comprising a source of a 
superconducting electrical current in a composition of matter 
comprising a Tc greater than or equal to 26°K, said 
composition comprising at least one each of a rare earth, 
and copper oxide and a temperature controller for 
maintaining said composition of matter at a temperature less 
than said Tc. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 284 



CLAIM recites: 

CLAIM 284 An apparatus comprising a source of a 
superconducting electrical current in a composition of matter 
comprising a Tc greater than or equal to 26°K carrying, said 
composition comprising at least one each of a III B element, 
and copper oxide and a temperature controller for 
maintaining said composition of matter at a temperature less 
than said Tc. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 285 



CLAIM 285 recites: 

CLAIM 285 An apparatus comprising a source of a 
superconducting electrical current in a transition metal oxide 
comprising a Tc greater than or equal to 26°K and a 
temperature controller for maintaining said transition metal 
oxide at a temperature less than said Tc. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 286 



CLAIM 286 recites: 

CLAIM 286 An apparatus comprising a source of a 
superconducting electrical current in a copper oxide 
composition of matter comprising a Tc greater than or equal 
to 26°K and a temperature controller for maintaining said 
copper oxide composition of matter at a temperature less 
than said Tc. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 287 

Claim 287 which is allowed recites: 

CLAIM 287 An apparatus comprising: 

a composition including a transition metal, a group 1MB 
element, an alkaline earth element, and oxygen, where said 
composition is a mixed transition metal oxide comprising a 
non-stoichiometric amount of oxygen therein and exhibiting a 
superconducting state at a temperature greater than or equal 
to 26°K, 

a temperature controller for maintaining said composition in 
said superconducting state at a temperature greater than or 
equal to 26°K, and 

a source of an electrical current through said composition 
while said composition is in said superconducting state. 

CLAIM 288 

Claim 288 which is allowed recites: 

CLAIM 288 An apparatus according to claim 287, where 
said transition metal is copper. 



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CLAIM 289 



CLAIM 289 recites: 

CLAIM 289 An apparatus for causing electric current flow in 
a superconductive state at a temperature greater than or 
equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound comprising a 
substantially layered perovskite crystal structure , the 
composition comprising a superconductor transition 
temperature Tc of greater than or equal to 26°K; 

b) a temperature controller for maintaining the 
superconductor element at a temperature greater than or 
equal to 26°K and below the superconductor transition 
temperature Tc of the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 



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expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 290 

CLAIM 290 recites: 

CLAIM 289 An apparatus for causing electric current flow in 
a superconductive state at a temperature greater than or 
equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound comprising a 
substantially layered perovskite crystal structure , the 
composition comprising a superconductor transition 
temperature Tc of greater than or equal to 26°K; 

b) a temperature controller for maintaining the 
superconductor element at a temperature greater than or 
equal to 26°K and below the superconductor transition 
temperature Tc of the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 

CLAIM 290 An apparatus according to claim 289 in which 
the copper-oxide compound of the superconductive 
composition includes at least one element selected from the 
group consisting of a rare-earth element and a Group III B 
element and at least one alkaline-earth element. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 



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given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 291 

CLAIM 291 recites: 

CLAIM 289 An apparatus for causing electric current flow in 
a superconductive state at a temperature greater than or 
equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound comprising a 
substantially layered perovskite crystal structure , the 
composition comprising a superconductor transition 
temperature Tc of greater than or equal to 26°K; 

b) a temperature controller for maintaining the 
superconductor element at a temperature greater than or 
equal to 26°K and below the superconductor transition 
temperature Tc of the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 

CLAIM 290 An apparatus according to claim 289 in which 
the copper-oxide compound of the superconductive 
composition includes at least one element selected from the 
group consisting of a rare-earth element and a Group III B 
element and at least one alkaline-earth element. 

CLAIM 291 An apparatus according to claim 290 in which 
the rare-earth or (SIC) element is lanthanum . 



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The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 292 

CLAIM 292 recites: 

CLAIM 289 An apparatus for causing electric current flow in 
a superconductive state at a temperature greater than or 
equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound comprising a 
substantially layered perovskite crystal structure , the 
composition comprising a superconductor transition 
temperature Tc of greater than or equal to 26°K; 

b) a temperature controller for maintaining the 
superconductor element at a temperature greater than or 
equal to 26°K and below the superconductor transition 
temperature Tc of the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 

CLAIM 290 An apparatus according to claim 289 in which 
the copper-oxide compound of the superconductive 
composition includes at least one element selected from the 
group consisting of a rare-earth element and a Group III B 
element and at least one alkaline-earth element. 

CLAIM 292 An apparatus according to claim 290 in which 
the alkaline-earth element is barium. 



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The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 293 



CLAIM 293 recites: 

CLAIM 289 An apparatus for causing electric current flow in 
a superconductive state at a temperature greater than or 
equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound comprising a 
substantially layered perovskite crystal structure , the 
composition comprising a superconductor transition 
temperature Tc of greater than or equal to 26°K; 

b) a temperature controller for maintaining the 
superconductor element at a temperature greater than or 
equal to 26°K and below the superconductor transition 
temperature Tc of the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 

CLAIM 293 An apparatus according to claim 289 in which 
the copper-oxide compound of the superconductive 
composition includes mixed valent copper ions . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 



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Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 294 

CLAIM 294 recites: 

CLAIM 289 An apparatus for causing electric current flow in 
a superconductive state at a temperature greater than or 
equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound comprising a 
substantially layered perovskite crystal structure , the 
composition comprising a superconductor transition 
temperature Tc of greater than or equal to 26°K; 

b) a temperature controller for maintaining the 
superconductor element at a temperature greater than or 
equal to 26°K and below the superconductor transition 
temperature Tc of the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 

CLAIM 293 An apparatus according to claim 289 in which 
the copper-oxide compound of the superconductive 
composition includes mixed valent copper ions . 

CLAIM 294 An apparatus according to claim 293 in which 
the copper-oxide compound includes at least one element in 
a nonstoichiometric atomic proportion . 



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The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 295 

CLAIM 295 recites: 

CLAIM 289 An apparatus for causing electric current flow in 
a superconductive state at a temperature greater than or 
equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound comprising a 
substantially layered perovskite crystal structure , the 
composition comprising a superconductor transition 
temperature Tc of greater than or equal to 26°K; 

b) a temperature controller for maintaining the 
superconductor element at a temperature greater than or 
equal to 26°K and below the superconductor transition 
temperature Tc of the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 

CLAIM 293 An apparatus according to claim 289 in which 
the copper-oxide compound of the superconductive 
composition includes mixed valent copper ions . 

CLAIM 294 An apparatus according to claim 293 in which 
the copper-oxide compound includes at least one element in 
a nonstoichiometric atomic proportion . 



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CLAIM 295 An apparatus according to claim 294 in which 
oxygen is present in the copper-oxide compound in a 
nonstoichiometric atomic proportion . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 296 

Claim 296 which is allowed recites: 

CLAIM 296 An apparatus for conducting an electric current 
essentially without resistive losses, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound comprising a 
substantially layered perovskite crystal structure, the 
copper-oxide compound including at least one element 
selected from the group consisting of a rare-earth element 
and a Group III B element and at least one alkaline-earth 
element, the composition comprising a 
superconductive/resistive transition defining a 
superconductive/resistive-transition temperature range 
between an upper limit defined by a transition-onset 
temperature Tc and a lower limit defined by an effectively- 
zero-bulk-resistivity intercept temperature Tp=0, the 
transition-onset temperature Tc being greater than or equal 
to 26°K; 

(b) a temperature controller for maintaining the 
superconductor element at a temperature below the 
effectively-zero-bulk-resistivity intercept temperature Tp=0 of 
the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 



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CLAIM 297 



Claim 297 which is allowed recites: 



CLAIM 297 An apparatus according to claim 296 in which 
said at least one element is lanthanum. 



CLAIM 298 

Claim 298 which is allowed recites: 

CLAIM 298 An apparatus according to claim 296 in which 
the alkaline-earth element is barium. 



Claim 299 which is allowed recites: 

CLAIM 299 An apparatus according to claim 296 in which 
the copper-oxide compound of the superconductive 
composition includes mixed valent copper ions. 



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CLAIM 300 

Claim 300 which is allowed recites: 

CLAIM 300 An apparatus according to claim 299 in which 
the copper-oxide compound includes at least one element in 
a nonstoichiometric atomic proportion. 

CLAIM 301 

Claim 301 which is allowed recites: 

CLAIM 301 An apparatus according to claim 300 in which 
oxygen is present in the copper-oxide compound in a 
nonstoichiometric atomic proportion. 



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CLAIM 302 



CLAIM 302 recites: 

CLAIM 302 An apparatus for causing electric-current flow in 
a superconductive state at a temperature greater than or 
equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound comprising a 
substantially layered perovskite crystal structure , the 
composition comprising a superconductive transition 
temperature Tc of greater than or equal to 26°K, said 
superconductive composition includes at least one element 
selected from the group consisting of a Group II A element, a 
rare earth element; and a Group III B element; 

(b) a temperature controller for maintaining the 
superconductor element at a temperature greater than or 
equal to 26°K and below the superconductor transition 
temperature Tc of the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 



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come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 303 

CLAIM 303 recites: 

CLAIM 303 An apparatus for conducting an electric current 
essentially without resistive losses, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound comprising a 
substantially layered perovskite crystal structure, the copper- 
oxide compound including at least one element selected 
from the group consisting of a Group II A element, a rare 
earth element and a Group III B element , the composition 
comprising a superconductive/resistive transition defining a 
superconductive/resistive-transition temperature range 
between an upper limit defined by a transition-onset 
temperature Tc and a lower limit defined by an effectively- 
zero-bulk-resistivity intercept temperature Tp=0, the 
transition-onset temperature Tc being greater than or equal 
to 26°K; 

(b) a temperature controller for maintaining the 
superconductor element at a temperature below the 
effectively-zero-bulk-resistivity intercept temperature Tp=0 of 
the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 



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given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 304 



Claim 304 which is allowed recites: 

CLAIM 304 An apparatus for causing electric-current flow in 
a superconductive state at a temperature greater than or 
equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound comprising a 
substantially layered perovskite crystal structure, the 
composition comprising a superconductive transition 
temperature Tc of greater than or equal to 

26°K, said superconductive composition includes at least 
one element selected from the group consisting of a Group II 
A element and at least one element selected from the group 
consisting of a rare earth element and a Group III B element; 

(b) a temperature controller for maintaining the 
superconductor element at a temperature greater than or 
equal to 26°K and below the superconductor transition 
temperature Tc of the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 



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CLAIM 305 

Claim 305 which is allowed recites: 

CLAIM 305 An apparatus for conducting an electric current 
essentially without resistive losses, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a copper-oxide compound comprising a 
substantially layered perovskite crystal structure, the copper- 
oxide compound including at least one element selected 
from the group consisting of a Group II A element and at 
least one element selected from the group consisting of a 
rare earth element and a Group III B element, the 
composition comprising a superconductive/resistive 
transition defining a superconductive-resistive-transition 
temperature range between an upper limit defined by a 
transition-onset temperature Tc and a lower limit defined by 
an effectively-zero-bulk-resistivity intercept temperature 
Tp=0, the transition-onset temperature Tc being greater than 
or equal to 26°K; 

(b) a temperature controller for maintaining the 
superconductor element at a temperature below the 
effectively-zero-bulk-resistivity intercept temperature Tp=0 of 
the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 



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CLAIM 306 

Claim 306 which is allowed recites: 

CLAIM 306 An apparatus for causing electric-current flow in 
a superconductive state at a temperature greater than or 
equal to 26°K, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a transition metal oxide compound comprising 
a substantially layered perovskite crystal structure, the 
composition comprising a superconductive transition 
temperature Tc of greater than or equal to 26°K, said 
superconductive composition includes at least one element 
selected from the group consisting of a Group II A element 
and at least one element selected from the group consisting 
of a rare earth element and a Group III B element; 

(b) a temperature controller for maintaining the 
superconductor element at a temperature greater than or 
equal to 26°K and below the superconductor transition Tc of 
the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 



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CLAIM 307 

Claim 307 which is allowed recites: 

CLAIM 307 An apparatus for conducting an electric current 
essentially without resistive losses, comprising: 

(a) a superconductor element made of a superconductive 
composition, the superconductive composition consisting 
essentially of a transition metal-oxide compound comprising 
a substantially layered perovskite crystal structure, the 
transition metal-oxide compound including at least one 
element selected from the group consisting of a Group II A 
element and at least one element selected from the group 
consisting of a rare earth element and a Group III B element, 
the composition comprising a superconductive/resistive 
transition defining a superconductive/resistive-transition 
temperature range between an upper limit defined by a 
transition-onset temperature Tc and a lower limit defined by 
an effectively-zero-bulk-resistivity intercept temperature 
Tp=0, the transition-onset temperature Tc being greater than 
or equal to 26°K; 

(b) a temperature controller for maintaining the 
superconductor element at a temperature below the 
effectively-zero-bulk-resistivity intercept temperature Tp=0 of 
the superconductive composition; and 

(c) a source of an electric current to flow in the 
superconductor element. 



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CLAIM 308 

CLAIM 308 recites: 

CLAIM 273 An apparatus comprising a composition 
comprising a transition temperature greater than or equal to 
26°K, the composition including a rare earth or alkaline earth 
element, a transition metal element capable of exhibiting 
multivalent states and oxygen , including at least one phase 
that exhibits superconductivity at temperature greater than or 
equal to 26°K, a temperature controller for maintaining said 
composition at said temperature to exhibit said 
superconductivity and a source of an electrical 
superconducting current through said composition with said 
phrase exhibiting said superconductivity. 

CLAIM 308 An apparatus according to claim 273 wherein 
said composition comprises a substantially layered 
perovskite crystal structure . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 



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Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 309 



CLAIM 309 recites: 

CLAIM 274 An apparatus comprising providing a 
superconducting transition metal oxide comprising a 
superconductive onset temperature greater than or equal to 
26°K, a temperature controller for maintaining said 
superconducting transition metal oxide at a temperature less 
than said superconducting onset temperature and a source 
of a superconducting current therein. 

CLAIM 309 An apparatus according to claim 274 wherein 
said superconducting transition metal oxide comprises a 
substantially layered perovskite crystal structure . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 



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view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 310 



CLAIM 310 recites: 

CLAIM 275 An apparatus comprising a superconducting 
copper oxide comprising a superconductive onset 
temperature greater than or equal to 26°K, a temperature 
controller for maintaining said superconducting copper oxide 
at a temperature less than said superconducting onset 
temperature and a source of a superconducting current in 
said superconducting oxide. 

CLAIM 310 An apparatus according to claim 275 wherein 
said superconducting copper oxide comprises a substantially 
layered perovskite crystal structure . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 



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view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 311 

Claim 31 1 which is allowed recites: 

CLAIM 31 1 An apparatus according to claim 276 wherein 
said superconducting oxide composition comprises a 
substantially layered perovskite crystal structure. 

CLAIM 312 

Claim 312 which is allowed recites: 

CLAIM 312 An apparatus according to claim 277 wherein 
said superconducting oxide composition comprises a 
substantially layered perovskite crystal structure. 



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CLAIM 313 



CLAIM 313 recites: 

CLAIM 278 An apparatus comprising a source of a 
superconducting electrical current in a transition metal oxide 
comprising a Tc greater than or equal to 26°K and a 
temperature controller for maintaining said transition metal 
oxide at a temperature less than said Tc. 

CLAIM 313 An apparatus according to claim 278 wherein 
said transition (SIC) metal oxide comprises a substantially 
layered perovskite crystal structure . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 314 



CLAIM 314 recites: 

CLAIM 279 An apparatus comprising a source of a 
superconducting current in a copper oxide comprising a Tc 
greater than or equal to 26°K and a temperature controller 
for maintaining said copper oxide at a temperature less than 
said Tc. 

CLAIM 314 An apparatus according to claim 279 wherein 
said copper oxide comprises a substantially layered 
perovskite crystal structure . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 315 

Claim 315 which is allowed recites: 

CLAIM 315 An apparatus according to claim 280 wherein 
said composition comprises a substantially layered 
perovskite crystal structure . 

CLAIM 316 

Claim 316 which is allowed recites: 

CLAIM 316 An apparatus according to claim 281 wherein 
said composition of matter comprises a substantially layered 
perovskite crystal structure. 

CLAIM 317 

Claim 317 which is allowed recites: 

CLAIM 317 An apparatus according to claim 282 wherein 
said composition of matter comprises substantially layered 
perovskite crystal structure. 



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CLAIM 318 



CLAIM 318 recites: 

CLAIM 283 An apparatus comprising a source of a 
superconducting electrical current in a composition of matter 
comprising a Tc greater than or equal to 26°K, said 
composition comprising at least one each of a rare earth, 
and copper oxide and a temperature controller for 
maintaining said composition of matter at a temperature less 
than said Tc. 

CLAIM 318 An apparatus according to claim 283 wherein 
said composition of matter comprises a substantially layered 
perovskite crystal structure . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 



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view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 319 



CLAIM 319 recites: 

CLAIM 284 An apparatus comprising a source of a 
superconducting electrical current in a composition of matter 
comprising a Tc greater than or equal to 26°K carrying, said 
composition comprising at least one each of a III B element, 
and copper oxide and a temperature controller for 
maintaining said composition of matter at a temperature less 
than said Tc. 

CLAIM 319 An apparatus according to claim 284 wherein 
said composition of matter comprises substantially layered 
perovskite crystal structure . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 



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view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 320 



CLAIM 320 recites: 

CLAIM 285 An apparatus comprising a source of a 
superconducting electrical current in a transition metal oxide 
comprising a Tc greater than or equal to 26°K and a temperature 
controller for maintaining said transition metal oxide at a 
temperature less than said Tc. 

CLAIM 320 An apparatus according to claim 285 wherein 
said transition metal oxide comprises substantially layered 
perovskite crystal structure . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 321 



CLAIM 321 recites: 

CLAIM 286 An apparatus comprising a source of a 
superconducting electrical current in a copper oxide 
composition of matter comprising a Tc greater than or equal 
to 26°K and a temperature controller for maintaining said 
copper oxide composition of matter at a temperature less 
than said Tc. 

CLAIM 321 An apparatus according to claim 286 wherein 
said copper oxide composition comprises substantially 
layered perovskite crystal structure . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 



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view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 



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CLAIM 322/84 



CLAIM 322/84 recites: 

CLAIM 84 A superconducting combination, comprising: 

a mixed transition metal oxide composition containing a non- 
stoichiometric amount of oxygen therein, a transition metal 
and at least one additional element , said composition having 
substantially zero resistance to the flow of electricity 
therethrough when cooled to a superconducting state at a 
temperature greater than or equal to 26°K, said mixed 
transition metal oxide has a superconducting onset 
temperature greater than or equal to 26°K, and 

electrical means for passing an electrical superconducting 
current through said composition when said composition is in 
said superconducting state at a temperature greater than or 
equal to 26°K, and less than said superconducting onset 
temperature. 

CLAIM 322 A superconductive combination according to 
anyone of claims 84 or 85, wherein said mixed transition 
metal oxide can be made according to known principles of 
ceramic science . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 
given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 



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come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 

The sentenced bridging page 1 and 2 of the specification states " Generally, 
superconductivity is considered to be a property of the metallic state of a material 
since all known superconductors are metallic under the conditions that cause 
them to be superconducting. A few normally non-metallic materials, for example, 
become superconducting under very high pressure wherein the pressure converts 
them to metals before they exhibit superconducting behavior." Applicants discovered 
that ceramic materials are superconductors. 



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CLAIM 322/85 

CLAIM 322/85 recites: 

CLAIM 84 A superconducting combination, comprising: 

a mixed transition metal oxide composition containing a non- 
stoichiometric amount of oxygen therein, a transition metal 
and at least one additional element , said composition having 
substantially zero resistance to the flow of electricity 
therethrough when cooled to a superconducting state at a 
temperature greater than or equal to 26°K, said mixed 
transition metal oxide has a superconducting onset 
temperature greater than or equal to 26°K, and 

electrical means for passing an electrical superconducting 
current through said composition when said composition is in 
said superconducting state at a temperature greater than or 
equal to 26°K, and less than said superconducting onset 
temperature. 

CLAIM 85 The combination of claim 84, where said transition 
metal is copper . 

CLAIM 322 A superconductive combination according to 
anyone of claims 84 or 85, wherein said mixed transition 
metal oxide can be made according to known principles of 
ceramic science . 

The Examiner has not made as to this claim a prima facie case of lack of 
enablement for the reasons given in all volumes of this Brief. The Examiner has 



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given no specific reasons for rejecting this claim as not enabled. The Examiner 
has not shown why a person of ordinary skill in the art cannot, based on 
Applicants' teaching, determine without undue experimentation, species that 
come within the scope of this claim other than those that the Examiner has 
expressly stated are enabled. Applicants have shown extensive evidence that 
persons of skill in the art can determine species within the scope of this claim 
without undue experimentation. Examples of Applicants' evidence are: the 
Examiner's First, Second, Third and Fourth Enablement Statements, the Poole 
1988, 1995 and 1996 Enablement Statements, the Schuller Enablement 
Statement and Applicants' Affidavits of Mitzi, Dinger, Tsuei, Shaw, Duncombe, 
Newns and Bednorz in Brief Attachments AH to AR. In particular the Examiner 
has given no reason for why this claim is not enabled by Applicants' teaching in 
view of the underlined limitation of the claim which includes specific limitations on 
the scope of this claim. 

The sentenced bridging page 1 and 2 of the specification states " Generally, 
superconductivity is considered to be a property of the metallic state of a material 
since all known superconductors are metallic under the conditions that cause 
them to be superconducting. A few normally non-metallic materials, for example, 
become superconducting under very high pressure wherein the pressure converts 
them to metals before they exhibit superconducting behavior." Applicants discovered 
that ceramic materials are superconductors. 



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