Ex parte SIMPSON - Page 9




          Appeal No. 96-2535                                                          
          Application 08/028,473                                                      


          term “crystallite” to refer to the individual grains of the                 
          polycrystalline material.  The metes and bounds of claims 13                
          and 19 can be readily determined by one of ordinary skill.                  
          Therefore, the rejection of these claims under 35 U.S.C. §                  
          112, second paragraph, is reversed.                                         
               The examiner has rejected claims 1, 2 and 7 under 35                   
          U.S.C. 102(b) as anticipated by the report entitled “CVD                    
          Diamond Films For Tribological Application”, hereinafter                    
          referred to as Plano.  We are in agreement with the examiner                
          that Plano discloses throughout the report, that one type of                
          diamond film coating is commonly referred to as the                         
          “cauliflower” type surface.  We further agree with the                      
          examiner that Plano discloses that this surface has a reduced               
          wear resistant property when compared with other morphologies               
          having higher centerline average ranges in nanometers.  See                 
          Table 5 on page 17 of Plano.  However, we do                                
          not agree with the examiner’s further finding of fact that the              
          cauliflower-type surface can be considered to be an overlayer               
          with a different morphology than the underlying cauliflower-                
          type surface.  We find that Plano contemplates a tribologic                 
          coating on a substrate with the tribologic coating of the same              
                                          9                                           





Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next 

Last modified: November 3, 2007