Ex parte EMKEN - Page 6




          Appeal No. 1996-1896                                                        
          Application No. 08/206,973                                                  


          obtain desired coating thicknesses in a coating process, the                
          examiner has not supplied any evidence that adjusting the                   
          amount of the hydrocarbon component fed to the fluidized bed                
          is useful for obtaining the claimed product, namely “a precise              
          thickness of deposit of pyrocarbon of uniform crystalline                   
          structure and uniform physical properties”.  The Bokros                     
          declaration (expert declaration) submitted by appellant                     
          indicates that those of ordinary skill in the art believed                  
          that the flow rate of hydrocarbon needs to be maintained at a               
          constant level to obtain uniform crystalline structure.  See                
          page 3.  Emken and Accuntius relied upon by the examiner also               
          indicate that to obtain a precise thickness of deposit of                   
          pyrocarbon of uniform crystalline structure and uniform                     
          physical properties, it is desirable to maintain the overall                
          chemical composition at a constant desired value.  See, e.g.,               
          Emken, column 2, lines 1-9 and 24-41, column 3, lines 24-45                 
          and column 4, lines 5-20, and Accuntius, column 1, lines 39-                
          51.  In other words, it is desirable to maintain the flow rate              
          of hydrocarbon at a constant level to prevent the change in                 
          the overall chemical composition.                                           


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