Ex Parte Breitung et al - Page 9




                Appeal No. 2003-1892                                                                        
                Application No. 09/681,288                                                                  

                subject matter of claims 1 to 23 and 26 to 32 under 35 U.S.C. § 103(a).  We reverse         
                each of these rejections.                                                                   
                      The Examiner relies on the Enmanji and Barzynski references to “establish             
                the reactive properties of the leuco dyes”.  (Answer, p. 9).  The Examiner relies on        
                Izu and Hu to establish that “oxygen permeability is an inherent property of organic        
                protective layer[s].”  (Answer, p. 10).                                                     
                      The Enmanji, Barzynski, Izu and Hu references do not remedy the flaw in the           
                Examiner’s reasoning identified above.  The reactive properties of the leuco dyes           
                disclosed by Enmanji and Barzynski, does not provide motivation to use a reactive           
                layer disposed between an oxygen permeable UV coating and the substrate layer of            
                an optical recording media as required by the claimed subject matter.  In addition,         
                the teachings of Izu and Hu does not established that the protective layers                 
                comprising UV curable resins described by Nishida, Shinkai and Takagishi would              
                necessarily, or inherently have oxygen permeability.                                        
                                               CONCLUSION                                                   
                      The rejections of claims 1 to 9, 20 to 23 and 26 to 29 under 35 U.S.C.                
                § 103(a) as unpatentable over the combination of Rollhaus and either one of                 
                Nishida, Shinkai or Takagishi; claims 1 to 9, 11 to 14, 20 to 23, 26 to 29, 31 and 32       
                under 35 U.S.C. § 103(a) as unpatentable over the over the combination of                   
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