Ex parte ECKHARD WOLFGANG et al. - Page 8




          Appeal No. 95-0543                                                          
          Application 08/008,734                                                      


          crystalline carbon is either monocrystalline or polycrystalline,            
          the examiner’s position that it would have been obvious to the              
          artisan in 1992 to select at least one polycrystalline carbon as            
          a substitute for the carbon of Potter is persuasive.  We note               
          that appellants have offered no rebuttal arguments as to the                
          alleged errors in the examiner’s analysis.  Appellants only argue           
          that the carbon in Potter is not polycrystalline.  This argument,           
          however, does not rebut the examiner’s persuasive reasoning as to           
          why polycrystalline carbon would have been suggested to the                 


          artisan in 1992.  Therefore, on the record before us, we agree              
          with the examiner that the invention of claims 9 and 10 would               
          have been obvious to the artisan in view of the teachings of                
          Potter and the state of knowledge in the art at the time this               
          application was filed.  The rejection of claims 9 and 10 is                 
          sustained.                                                                  
          We now consider the rejection of claim 3 under 35 U.S.C.                    
           102(b)/103 alternatively as being anticipated by the disclosure           
          of Potter or as being unpatentable over the teachings of Potter.            
          The examiner notes that Potter shows the features of claim 3 in             
          the same manner as noted for claim 1 except that Potter fails to            
          explicitly show the claimed “sinterable connections” [answer,               

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