Ex Parte KEEFE et al - Page 8




          Appeal No. 2001-0743                                                        
          Application 08/938,346                                                      


          proposed combination.  Finally, the examiner responds that the              
          diamond like carbon layer of Ikeda would maintain its intended              
          function at a different location in the print head structure                
          [answer, pages 8-13].                                                       
          Appellants respond that the diamond like carbon layer of                    
          Ikeda is the lower layer of the print head and that Ikeda does              
          not suggest placing the diamond like carbon layer between the               
          fluid barrier layer and the thin film layers as claimed.                    
          Appellants repeat their argument that Ikeda only teaches the                
          diamond like carbon layer for drawing heat down into the                    
          substrate so that Ikeda teaches away from placing the diamond               
          like carbon layer above the resistor layer [reply brief].                   
          We do not sustain the examiner’s rejection of                               
          representative claim 1.  Appellants have admitted that the prior            
          art teaches the invention of claim 1 except for the specific                
          location of the diamond like carbon layer.  Ikeda and Dylyn teach           
          that a diamond like carbon layer can have the property of                   
          adhesion and the property of being a good conductor of heat.  We            
          agree with appellants, however, that the examiner’s reliance on             
          Ikeda has fatally weakened the rejection.  If the only question             
          based on the facts in this case were the obviousness of                     
          substituting one type of known adhesive for another type of known           

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