Ex parte BURNS et al. - Page 4




          Appeal No. 96-1145                                                          
          Application 08/203,768                                                      


          § 103 as being obvious over Yazu in view of Tsuji and Yoshida;              
          and claims 13-26 under 35 U.S.C. § 112, second paragraph, as                
          being indefinite for failing to particularly point out and                  
          distinctly claim the subject matter which appellants regard as              
          the invention.                                                              
                                       OPINION                                        
               We have carefully considered all of the arguments                      
          advanced by appellants and the examiner and agree with                      
          appellants that the aforementioned rejections are not well                  
          founded.  Accordingly, we do not sustain these rejections.                  
               Yazu discloses a method for producing diamond crystals in              
          a synthesizing vessel (10) which is divided by a partition                  
          layer (16) into a pair of synthesizing chambers (10a) and                   
          (10b), one                                                                  




          above the other (col. 4, lines 63-66; col. 5, lines 20-23).                 
          Each synthesizing chamber contains, in order in the downward                
          direction, a carbon source (12a or 12b), a solvent metal layer              
          (13a or 13b), and seed crystals (11a or 11b) (col. 5, lines                 
          13-17).  The partition layer is made of a material which is                 
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