Appeal No. 2001-0743
Application 08/938,346
and would not be considered for a layer to be used internally in
a structure as an adhesive layer. Appellants also argue that
Ikeda uses a diamond like layer as a heat sink between the
heaters and the substrate and has no teaching that the diamond
like layer should be used as an adhesive between the polymer
fluid barrier layer and the thin film substrate. Appellants note
that a diamond like layer located in the position recited in
claim 1 would defeat the purpose of the diamond like layer of
Ikeda which operates as a heat sink [brief, pages 3-6].
We note that appellants also refer to a declaration they
filed by co-inventor Brian J. Keefe to show unexpected results.
This declaration, however, is directed to a thin film printhead
as recited in claim 1, but only when the diamond like carbon
layer has the properties recited in dependent claims 8-10. Since
this decision is based on the patentability of claim 1 only, the
declaration is directed to claim limitations which are not before
us.
The examiner responds that Dylyn and Ikeda teach that a
diamond like layer has excellent adhesive characteristics and
could be used as an adhesive to bond layers of a print head
together. The examiner also responds that the claimed invention
would have the same undesirable heat transfer properties as the
-7-
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