Appeal No. 2002-1555 Page 5
Application No. 09/511,572
explained how the distribution system for supplying nebulized
process chemicals for treating substrates disclosed by Ni or the
gas supply vent pipe arrangement (110-114, Fig. 3) used for
supplying gases for metal organic chemical vapor deposition
(MOCVD) taught by Fujii would have led one of ordinary skill in
the art to modify the distinctly different dual substrate
filament synthetic diamond deposition system of Anthony in a
manner so as to arrive at the claimed subject matter with a
reasonable expectation of success in so doing.
While the examiner asserts that Fujii refers to a superior
degree of uniformity in forming a compound layer in the MOCVD
system disclosed therein, the examiner has not reasonably
established that the gas introduction system of Fujii would
suggest a modification of the dual substrate and filament driven
synthetic diamond deposition system of Anthony that would result
in the claimed structure. Ni is perhaps even more remote in that
nebulized chemical supply system disclosed therein promotes a
circular flow pattern in the process chamber (column 8, lines 53-
57) whereas Anthony, as noted above, is concerned with deposition
on parallel substrates with gas flow therebetween.
It is well settled that the mere fact that prior art may be
modified to reflect features of the claimed invention does not
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