Ex parte BURNS et al. - Page 5




          Appeal No. 96-1145                                                          
          Application 08/203,768                                                      


          not reactive to the solvent metal, such as oxides, halides,                 
          minerals, carbides or nitrides (col. 7, lines 32-41).                       
          Diamonds are formed                                                         
          in each synthesizing chamber under diamond-stable superhigh                 
          temperature and pressure, and during diamond formation, there               
          is a temperature gradient across each solvent metal such that               
          each carbon source is in contact with the highest-temperature               
          portion of the respective solvent metal and the seed crystals               
          are in contact with the lowest-temperature portion of the                   
          respective solvent metal (col. 3, lines 53-64).                             
               The examiner argues that in Yazu’s method, "the portion                
          of the metal encompassing the seed is carbon-rich, the center               
          is carbon-lean and the portion touching the carbon source has               
          carbon dissolved therein" (answer, page 3).  This argument is               
          not persuasive even if it is correct, because appellants’                   
          claim 26, which is the only independent claim, requires "a                  
          plurality of alternating zones of carbon-rich and carbon-lean               
          metallic solvent extending from the carbon source to the seed               
          particles".  The examiner does not explain, and we do not                   
          find, where Yazu                                                            


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