Appeal No. 1996-3806 Application 08/183,152 23-30). The substrate has a cobalt enriched zone which has a depth which may reach 50-75F and is produced by sintering the substrate in the presence of nitrogen (col. 3, lines 33-35; col. 3, line 56 - col. 4, line 1). This sintering also causes the cobalt enriched surface zone to be depleted in the B-1 cubic phase (col. 3, lines 48-51; col. 4, lines 1-3; col. 4, lines 35-38). The examiner argues that the although Hale’s cubic phase depleted substrate surface zone is not produced by coating as recited in appellant’s claim 1, it is a distinct layer which can have a thickness within appellant’s recited range and which contains no cubic carbides (answer, pages 2-3). Consequently, the examiner argues, Hale’s substrate meets the limitations of that claim. See id. Appellant argues that one of ordinary skill in the art would have interpreted “depleted” to mean lessened rather than completely removed (reply brief, page 3). The examiner responds that appellant has not provided factual evidence that cubic carbides are present in Hale’s substrate surface layer (supplemental answer (paper no. -4-4Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007