Mixing appropriate amounts of powdered Bi2O3, Sr2CO3, CaCO3, PbO and CuO to obtain a mixture calcining the mixture at 750 to 900☌ grinding and then cold-pressing the calcined mixture and sintering the pressed mixture at 750-900☌." A method for preparing an oxide superconductor including Bi, Sr, Ca, Cu, Pb and O having a Tc of greater than 77K and in which the molar ratio of Pb to Bi is in the range of 5:95-85:15 comprising the step of: Mixing appropriate amounts of chemical compounds of Bi, Sr, Ca, Cu, Pb and O to obtain a chemical composition in which the molar ratio of (Bi+ Pb):Sr:Ca is 1:1:1 and the molar ratio of Pb to Bi is in the range of 5:95- 85:15 to prepare a mixture calcining the mixture grinding and then cold-pressing the calcined mixture and sintering the pressed mixture."Ĭlaims 1, 3 and 9 of the 1st and 2nd auxiliary requests have the following wording: A method for preparing an oxide superconductor including Bi, Sr, Ca, Cu, Pb and having a Tc of greater than 77K comprising the step of : Claim 1 of the main request reads as follows: A fourth and fifth set of auxiliary requests were filed on 14 March 2003. An additional set of amended claims was filed with the letter dated 15 December 1998 as the main request the first, second and third auxiliary requests being based on the claims filed with the letter of, namely claims 1 to 13, claims 1 to 9 and claims 1 to 8 respectively. Appellant 3 (proprietor of the patent) filed amended claims 1 to 13 with their grounds of appeal dated, as a basis for three different requests.
It was not obvious in view of D18 to substitute Bi with Pb in the method for forming Bi-Sr-Ca-Cu-O superconductors known before the priority date. pre-print D10 was available to the public before the priority date and therefore D10 could not be taken into consideration. There was no sufficient evidence that the Sunshine et al. The claims of the 2nd auxiliary request were considered to involve an inventive step. The opposition division took the view that claim 1 of the main request did not meet the requirements of Article 123(2) EPC and that the subject-matter of claim 9 according to the 1st auxiliary request lacked novelty over the disclosure of D1. Workshop on High Tc Superconductors and potential applications, Proceedings, 1-3 July 1987, Genova, pages 45, 48, 54, B. Sunshine et al., 15 pagesĭ13: Superconductor Week, Vol. 22, 1987, pages 1854 to 1856ĭ10: Pre-print "Structure and Physical Properties of Single Crystals of the 84K Superconductor Bi2.2Sr2Ca0.8Cu2O8+ ", S.A. Maeda et al.ĭ8: Applied Physics Letters, 51, No. Sleight et al.ĭ7: Japanese Journal of Applied Physics, Vol. During the oppposition proceedings appellants 1 and 2 (opponents 1 and 2 respectively) relied inter alia on the following documents:ĭ4: Solid State Communications, Vol. The decision was based on the amended set of claims filed with the letter dated 2 October 1996, as the main request, and on two sets of claims submitted on 10 October 1997 as the 1st and 2nd auxiliary requests. The patent claiming the priority date of 24 February 1988 was granted in response to European application No. 0 330 214 in amended form meets the requirements of the CBE. The three appeals are from the decision of the opposition division according to which European patent No. Public availability of pre-print (no) - not proven beyond any reasonable doubt High-Tc oxide superconductor and method for producing the sameĮuropean Patent Convention 1973 Art 123(2) Documentation of the appeal procedure can be found in the Registerīibliographic information is available in:
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