Appeal No. 1996-3121
Application No. 08/115,783
various substrates which, we observe, may be used, inter alia,
in “heat sink” applications. As observed above, it is known
in the art to make use of a diamond layer in such
applications. Accordingly, we agree with the examiner’s
conclusion that the subject matter defined by these claims
would have been obvious within the meaning of 35 U.S.C. § 103.
We cannot sustain the obviousness rejections of appealed
claims 4, 5, 8, 13 and 15. Claims 4, 5, 13, and 15 all
specify that the nitrogen content in the produced diamond is
20 ppm or less. As appellants persuasively argue, the
nitrogen content in Yamazaki’s diamond ranges from 100 to
10,000 ppm which is much greater than the nitrogen content
required by these claims. Moreover, Yamazaki provides
nitrogen for the purposeful function of preventing lattice
defects in the diamond, while it is appellants’ purpose to
avoid nitrogen contamination. See the specification at page
3, last paragraph. Under these circumstances, one of ordinary
skill in the art would not have been led to reduce the
required nitrogen content in Yamazaki’s process. Accordingly,
we cannot sustain the examiner’s rejection of claims 4, 5, 13
and 15.
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