Ex parte MARINER et al. - Page 10




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


          coating as disclosed by Tanji, and thus would meet all the                  
          limitations of claim 3.                                                     
               Rejection (2) therefore will be sustained.                             
          Rejection (3)                                                               
               Claim 4 reads:                                                         
          4.   A flash evaporator vaporization boat as defined in claim               
          3 having an intermediate layer between the coating of PBN and               
          said graphite body.                                                         
               In considering rejection (4), we interpret the recited                 
          "intermediate layer" as requiring a layer composed of a                     
          substance other than PBN, this being consistent with                        
          appellants' disclosure (page 4, line 11 et seq.) and with the               
          apparent interpretation placed on this claim by appellants and              
          the examiner.                                                               
               The examiner states on page 5 of the answer that                       
          appellants' argument concerning Finicle is not persuasive                   
          because:                                                                    
               The claimed invention calls for having an                              
               intermediate layer such as pyrolitic graphite                          
               between a PBN coating and a graphite body.  Finicle                    
               shows in Figure 1, an intermediate layer such as                       
               pyrolitic graphite shown as element 8 provided                         
               between a PBN coating and a graphite body.  Also,                      
               Finicle is in the same field of endeavor which is in                   
               the field of using PBN coating to insulated heated                     
               vessels or crucibles.                                                  
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