Appeal No. 2001-0743
Application 08/938,346
decision. Arguments which appellants could have made but chose
not to make in the brief have not been considered and are deemed
to be waived by appellants [see 37 CFR § 1.192(a)].
With respect to representative, independent claim 1, the
examiner cites Drake as the primary reference and notes that
Drake does not teach the claimed polymer fluid barrier layer and
the diamond like carbon layer. The examiner cites Burolla as
teaching a channel plate made from an elastomer. The examiner
cites Ikeda as teaching an ink jet recording head which has a
diamond like carbon layer for bonding thin film layers of the
print head together. The examiner finds that it would have been
obvious to the artisan to use a diamond like carbon layer as an
adhesive layer to join together other layers of the recording
head. The examiner cites Dylyn as a teaching that the material
Dylyn( a carbon like layer) is an excellent adhesive and that it
would have been obvious to the artisan to use Dylyn to bond the
polymeric fluid layer to the other layers of the ink jet print
head [answer, pages 3-5].
Appellants note that they have already admitted that the
known prior art teaches the claimed invention except for the use
of a diamond like layer in the location recited in independent
claim 1. Appellants argue that Dylyn relates to the coating art
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