Appeal No. 96-1145
Application 08/203,768
discloses at least two carbon-rich zone/carbon-lean zone
combinations extending from a carbon source to the seed
particles.
The examiner argues that "[w]ith regard to Yazu, the
reference will at the very least generate in-situ the claimed
alternating layers during heating but before diamond
formation,
which meets the claimed limitations" (answer, page 6). This
argument is not well taken because, first, the examiner does
not explain, and it is not apparent, why a plurality of
alternating zones of carbon-rich and carbon-lean metallic
solvent are generated in-situ in Yazu’s method. Second, the
examiner’s argument is directed toward the time before diamond
formation, whereas appellants’ only independent claim (26)
requires that the conditions be maintained for a time
sufficient to produce diamond crystals on the seed particles.
The examiner argues that the Yazu’s stacked cells meet
the plurality of zones requirement of appellants’ claims
(answer, page 6). This argument is not convincing because
Yazu’s synthesizing vessel is separated into separate
synthesizing chambers by partitions (col. 4, lines 64-66; Fig.
6
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