Appeal No. 1996-1644
Application No. 07/933,147
the use of both high frequency and microwave, both
of which are part of the radio frequency (R.F.)
range, to plasma treat diamond with gases such as
oxygen (abstract), where oxygen is taught to be
chemiabsorbed on the surface so that the surface
exhibits a hydrophilic nature (col. 4, lines 8-29)
with parameters, such as power density being noted
as important in the effect of the plasma.
Appellants take the position that those skilled in the
art would not have employed a R.F. oxygen plasma to oxidize
diamond surfaces prior to reacting them with organic
functional compounds since there would have been no reasonable
expectation of success for making diamond surfaces
sufficiently oxidized for such a purpose with the R.F. oxygen
plasma. See Brief, pages
9-10. In support of this position, appellants rely on the
thirteen exhibits. See Brief, pages 9-13. However, none of
these exhibits demonstrates that one of ordinary skill in the
art would not have had a reasonable expectation of success in
oxidizing diamond surfaces. Exhibit 1, for example, does not
indicate that the surface of a diamond cannot be oxidized.
Even were we to accept appellants’ argument, this exhibit, at
best, indicates that (Brief, pages 9 and 10):
13
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