Ex Parte SUMIYA et al - Page 8




          Appeal No. 2003-1525                                                        
          Application 09/462,876                                                      


               Suzuki does not disclose obtaining the low pressure phase              
          boron nitride by reducing and nitriding boron oxide or boric acid           
          in the presence of carbon and nitrogen.  However, Suzuki                    
          indicates that the low pressure phase boron nitride can be hBN,             
          provided that it is highly pure so that it produces the desired             
          high purity sintered cBN (col. 2, lines 44-57; col. 3, lines 11-            
          12; col. 4, lines 23-26).  Thus, Suzuki would have fairly                   
          suggested, to one of ordinary skill in the art, use of any hBN              
          which is known to be sufficiently pure to produce a high purity             
          sintered body.  One such hBN is that of Kawasaki which, Kawasaki            
          teaches, can be used to form high purity sintered hBN (col. 3,              
          lines 17-19).  Kawasaki’s hBN is made by mixing boric acid and              
          melamine in an atmosphere containing steam, and crystallizing the           
          resulting melamine borate particles to produce hBN.  Melamine is            
          a compound used by the appellants to provide the carbon and                 
          nitrogen used in reducing and nitriding boric acid (example 1).             
               The appellants argue that “Suzuki et al. employ pBN to                 
          obtain a cBN sintered compact which is highly oriented in                   
          the (111) structure and, hence, exhibits anisotropic properties             
          in strength and direction, with very low strength” (brief,                  
          page 12).  Suzuki mentions measuring (111) diffraction intensity            
          when determining the amount of low pressure phase boron nitride             
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