Ex parte EMKEN - Page 7




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


               Given these teachings, we conclude that the examiner has               
          not demonstrated that there is a suggestion of and/or a                     
          reasonable expectation of success in forming “a precise                     
          thickness of deposit of pyrocarbon of uniform crystallin                    
          structure and uniform physical properties” on a substrate by                
          adjusting the flow rate of the hydrocarbon component in                     
          response to the change in weight or the pressure difference in              
          a fluidized bed.  Accordingly, we reverse the examiner’s                    
          decision rejecting all of the appealed claims under 35 U.S.C.               
          § 103 as unpatentable over either Emken or Accuntius alone, or              
          taken together with Lester.                                                 

















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