Appeal No. 2002-2184
Application No. 08/406,297
are not `evidence."' In re Dembiczak, 175 F.3d 994, 999, 50 USPQ2d 1614, 1617.
"Mere denials and conclusory statements, however, are not sufficient to establish a
genuine issue of material fact." Dembiczak, 175 F.3d at 999, 50 USPQ2d at 1617,
citing McElmurry v. Arkansas Power & Light Co., 995 F.2d 1576, 1578, 27 USPQ2d
1129, 1131 (Fed. Cir. 1993) .
With respect to independent claim 1, appellants argue that Gordon does not
teach or suggest the use of a continuous body of carbon as recited in the claim
language. (See brief at page 33.) We agree with appellants. The examiner maintains
that with respect to the use of a “diamond quartz”, Gordon, III teaches such at column
2. The examiner maintains that since Gordon, III suggest the use of diamond quartz, it
would have been obvious to one of ordinary skill in the art at the time of the invention to
use diamond which is a natural corrosion resistant form of carbon. We disagree with
the examiner interpretation of the teachings of Gordon, III. While the examiner finds
the word “diamond” in this reference, appellants argue that it does not appear to refer to
a hard carbon substance, but to a form of quartz which is not actually a diamond and
therefore is not pure carbon. (See brief at page 34.) We agree with appellants.
Additionally, appellants included evidence that the use of various types of quartz may
11
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: November 3, 2007