Ex parte JOSEPH R. LAIA JR., et al. - Page 5




          Appeal No. 94-3447                                                          
          Application 07/864,725                                                      


          the art would not have been motivated to replace the catalytic              
          matrix of Pinneo with the powdered metal promoter of Holcombe to            
          result in a fluidized bed comprising particles of different                 
          materials.  The catalyst of Pinneo is a hydrogenation catalyst              
          which dissociates molecular hydrogen, whereas the reactions                 
          disclosed by Holcombe (column 2, lines 50-57) do not involve the            
          disassociation of molecular hydrogen.  As urged by appellants,              
          the nickel or iron promoter metal of Holcombe is employed to                
          shorten the reaction time between carbon tetrafluoride and either           
          silicon carbide or methyl trichlorosilane.  While the examiner              
          makes the argument that “the catalysts/promoters of the two                 
          references are both added to increase the yield in the fluidized            
          deposition of diamond” (page 5 of Answer), the much more relevant           
          point is that the two references involve distinctly different               
          reactions.  The examiner has not established that the metal                 
          promoted reaction of Holcombe would have suggested to one of                
          ordinary skill in the art the use of Holcombe’s metal promoters             
          as hydrogenation catalysts in the reaction of Pinneo.                       
          Accordingly, we will not sustain the examiner’s rejection of                
          claims 2 and 11-15.                                                         
               In conclusion, based on the foregoing, the examiner’s                  
          rejection of claims 1, 3-10 and 16-18 is affirmed.  The                     


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