Appeal No. 2003-1892
Application No. 09/681,288
§ 103(a) over the combination of Rollhaus and either one of Nishida, Shinkai or
Takagishi.
The Examiner added the Lawandy reference to the combination of Rollhaus,
and either one of Nishida, Shinkai or Takagishi to reject the subject matter of claims
1 to 9, 11 to 14, 20 to 23, 26 to 29, 31 and 32 under 35 U.S.C. § 103(a). According
to the Examiner, Lawandy teaches the use of Teflon or polyurethane as an oxygen
diffusion barrier for optical media. (Answer, p. 7).
The Lawandy reference does not remedy the flaw in the Examiner’s
reasoning identified above. Specifically, that Nishida, Shinkai and Takagishi do not
disclose that the protective layers comprising UV curable resins are oxygen
permeable. Here again the Examiner has not established the requisite motivation for
one of ordinary skill in the art to use the a reactive layer disposed between an
oxygen permeable UV coating and the substrate layer of an optical recording media
as required by the claimed invention.
The Examiner added Enmanji and Barzynski to the combination of Rollhaus,
Lawandy and either one of Nishida, Shinkai or Takagishi to reject the subject matter
of claims 1 to 23 and 26 to 32 under 35 U.S.C. § 103(a). The Examiner also added
the Izu and Hu references to the combination of Rollhaus, Lawandy and either one
of Nishida, Shinkai or Takagishi combined with Enmanji and Barzynski to reject the
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