Appeal No. 96-2513 Application 08/037,064 dramatically (layer of diamond particles and a layer of metal matrix). The wear rate is rapid before the embedded diamond particles have been reached, and then the wear rate drops off dramatically since "[t]he rate of wear of the diamond is close to zero" (Cullen at 2635). But the problem is that embedded diamond particles and the metal matrix do not form a plasma-enhanced chemical vapor deposited or sputter-deposited homogenous inner and outer layer. The examiner specifically acknowledged in Paper No. 6, page 3, lines 14-15, that Cullen discloses "substantially one heterogenous layer" (Emphasis added). Moreover, the examiner has pointed to no evidence that Cullen's metal matrix and diamond particles are formed by plasma-enhanced chemical vapor deposition or sputtering. The examiner has failed to demonstrate a reasonable motivation or suggestion from the prior art to form the contact pad 34 of the EP Reference as two separate layers, each being homogenous and plasma-enhanced chemical vapor deposited or sputter-deposited. We note further that zero or minimum abrasion appears to be the goal of Cullen, rather than two levels of wear. The fact that an initial rapid wear level exists appears to be mere incidental and due to the process used for embedding diamond particles in the metal matrix. -5-5Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007