Ex parte MARINER et al. - Page 4




                     Appeal No. 1999-1136                                                                                                                                              
                     Application No. 08/771,373                                                                                                                                        


                     nitride.   The process disclosed by Basche involves depositing2                                                                                                                                                
                     a coating of PBN on a surface by the thermal decomposition and                                                                                                    
                     reaction of ammonia with a boron halide (e.g., BCl ).  At col.                                                                                                    
                                                                                                                                 3                                                     
                     3, lines 40 to 60, Basche discloses that the reactor should be                                                                                                    
                     maintained at a temperature of 1450 to 2300° C., and that                                                                                                         
                     (col. 3, lines 54 to 60):                                                                                                                                         
                                The process, however, is very efficient if the                                                                                                         
                                temperature of the reactor is maintained between a                                                                                                     
                                preferential temperature range of 1850° C. and 2200°                                                                                                   
                                C. and especially at about 2000° C. Boron nitride                                                                                                      
                                produced within the latter range has a density                                                                                                         
                                between about 1.99 and 2.20 grams/cm  and is quite                           3                                                                         
                                stable in water.                                                                                                                                       
                                In view of this disclosure of Basche, the only                                                                                                         
                     difference, if any, between the subject matter recited in                                                                                                         
                     claims 1 and 2 and the combination of Morris and Basche is in                                                                                                     
                     the particular values of the coating density and the                                                                                                              
                     deposition (reactor) temperature.                                                                                                                                 
                                Appellants argue that the combination of Morris and                                                                                                    
                     Basche does not establish a prima facie case of obviousness.                                                                                                      
                     We disagree.  Since the claimed ranges of temperature and                                                                                                         


                                2 Appellants and the examiner agree that the patent number                                                                                             
                     "3,152,226" at col. 3, line 12 of Morris should be "3,152,006"                                                                                                    
                     (the Basche patent).                                                                                                                                              
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