Ex parte SARIN - Page 4




             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.                                       
                                                      -4-4                                                        





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