Ex parte MARINER et al. - Page 11




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


          We do not consider this rejection to be well taken.  As                     
          appellants point out on page 6 of the reply brief, Finicle                  
          does not disclose an intermediate layer of pyrolytic graphite               
          between a PBN coating and a graphite body, as the examiner                  
          contends, but rather discloses a layer of pyrolytic graphite 8              
          between a PBN crucible 2 and a PBN coating 10, the purpose of               
          the graphite layer being to control the temperature uniformity              
          or profile of the crucible, which is externally heated (col.                
          1, lines 45 to 51, and col. 2, line 61, to col. 3, line 13).                
          We find no teaching or suggestion in Finicle which would lead               
          one of ordinary skill to provide an intermediate pyrolytic                  
          graphite layer between the body 12 and PBN coating 14 of the                
          boat of Morris, since not only is the body 12 of the Morris                 
          boat made of graphite, rather than the PBN of Finicle crucible              
          2, but also, unlike the Finicle crucible, the Morris boat is                
          heated by passing an electrical current therethrough, rather                
          than being heated externally.                                               
               We therefore will not sustain rejection (3).                           
          Conclusion                                                                  
               The examiner's decision to reject claims 1 to 6 is                     
          affirmed as to claims 1 to 3, and reversed as to claims 4 to                
                                          11                                          





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007