Ex parte FUJIMORI et al. - Page 10




          Appeal No. 1996-3121                                                        
          Application No. 08/115,783                                                  


          reasonable expectation of successfully producing an                         
          isotopically pure diamond film having enhanced thermal                      
          conductivity when using an isotopically pure carbon source gas              
          in the CVD process of Yamazaki.  We, therefore, sustain the                 
          examiner’s obviousness rejection of appealed claim 1.                       
               We also agree with the examiner that the subject matter                
          defined by appealed claims 3, 6, 7, 9, and 14 would have been               
          obvious to a person of ordinary skill in this art based on the              
          disclosures in Yamazaki and Seitz.  Appealed claim 3 further                
          specifies that the carbon atoms in the reaction gas comprise                
          99.9% or more C.  However, as emphasized above Seitz clearly12                                                            
          teaches that the use of an isotope of only carbon 12 enhances               
          the property of thermal conductivity.  Further, based on this               
          prior art teaching, one of ordinary skill in this art would                 
          have reasonably expected to obtain a coefficient of thermal                 
          conductivity for CVD diamond at least as high as required by                
          appealed claim 6.  In this regard , compare the disclosures of              
          Strong at page 1843 inclusive of Figure 9.  The subject matter              
          of appealed claim 7 is suggested by the disclosure of the use               
          of methanol, i.e., an alcohol, as a carbon source in                        
          Yamazaki’s CVD process.  Appealed claims 9 and 14 specify                   
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