Ex Parte KEEFE et al - Page 9




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


          adhesive, the examiner’s rejection might have had some merit.  We           
          must consider all the teachings of the applied references,                  
          however.  Ikeda uses the diamond like carbon layer below the                
          heating resistive layers to act as a heat sink to help draw heat            
          away from the print head and into the substrate.  Claim 1,                  
          however, recites that the diamond like carbon layer is above the            
          heating resistive layers.  The examiner concedes that the diamond           
          like carbon layer would retain this heat sink property in its new           
          location.  The examiner has provided no motivation, however, why            
          the artisan would select a diamond like carbon layer as an                  
          adhesive located in the claimed position when this layer would              
          draw heat in the opposite direction from which Ikeda teaches that           
          the heat should be drawn.  In fact, the examiner appears to have            
          failed to even recognize that the proposed combination would have           
          the effect of mitigating the heat transfer characteristics of the           
          diamond like carbon layer of Ikeda.  Therefore, although there              
          may be motivation to replace the adhesive of Drake with another             
          adhesive, the applied prior art suggests that a diamond like                
          carbon layer used as an adhesive would have heat transfer effects           
          which are undesirable.                                                      
          For the reasons discussed above, we do not sustain the                      
          examiner’s rejection of representative, independent claim 1 or of           

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