Appeal No. 2005-1458
Application No. 09/732,799 Page 5
typically results in large stress cracks being present in the
product. Anthony (column 6, lines 58-62) discloses using boron-
doping in such a CVD synthetic diamond manufacturing method to
improve oxidation resistance and reduce intrinsic stress in a
chemical vapor deposited (CVD) diamond.
The examiner relies on Anthony in combination with Tsuji
stating that “it would have been obvious to one of ordinary skill
in the art to modify the Tsuji et al process by the teachings of
the Anthony et al reference to dope the diamond in order to
enhance the properties of the diamond” (answer, page 3).
On this record, we agree with appellants that the examiner
has not substantiated why one of ordinary skill in the art would
have been led to turn to Anthony’s teachings to modify the
disparate temperature difference method employed by Tsuji by
including boron as an additive for forming diamonds, especially
in the face of Tsuji’s teachings regarding the avoidance of metal
inclusions in the formation of diamonds with high heat resistance
by the method disclosed therein. In this regard, the examiner
has not substantiated that stress cracking is associated with
synthetic diamonds formed by the temperature difference method of
Tsuji or that low oxidation resistance was an issue that needed
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