Ex parte CHAPMAN et al. - Page 2




                 Appeal No. 1997-2271                                                                                                                   
                 Application 08/588,969                                                                                                                 


                                                                THE INVENTION                                                                           
                          Appellants’ claimed invention is directed toward an                                                                           
                 optical recording element which contains a specified                                                                                   
                 metallized azo-ether dye having an alkoxy substituent at the                                                                           
                 2-position of a phenyl nucleus, and toward a method for                                                                                
                 recording optical information using this recording element.                                                                            
                 Claim 1 is illustrative and reads as follows:                                                                                          
                          1.       An optical recording element comprising in the                                                                       
                 following order, a light transmitting substrate, a recording                                                                           
                 layer containing a dye and a light reflective layer wherein                                                                            
                 the dye is:                                                                                                                            
                          (a) selected so that the real part of the complex                                                                             
                 reflective index (N) of the unwritten light absorptive layer                                                                           
                 measured with 780 nm light source is greater than 2.0 and the                                                                          
                 imaginary part (k) is 0.01 to 0.10 and                                                                                                 
                          (b) a metallized azo-ether dye having an azo group                                                                            
                 linking a 3-hydroxy-pyridine nucleus to a phenyl nucleus                                                                               
                 wherein the phenyl nucleus has an alkoxy substituent at its 2-                                                                         
                 position.       [2]                                                                                                                    




                 as in the parent case are applied, we agree with appellants                                                                            
                 (brief, page 3) and the examiner (answer, page 1) that, in                                                                             
                 effect, the claims have been twice rejected and that,                                                                                  
                 therefore, we have jurisdiction to decide the appeal.                                                                                  
                          2There is no clear antecedent basis for “the unwritten                                                                        
                 light absorptive layer” in claims 1 and 5.  Appellants and the                                                                         
                 examiner should provide clear antecedent basis for this term.                                                                          
                                                                         -2-2                                                                           





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