Appeal No. 94-4172 Application 08/001,854 that “Inoue et al place no limits on the amount of colloidal silica to be used in their protective layers and thus the exact amount for any application becomes an ordinary design variable subject to ordinary optimization procedures using the value exemplified as a starting point” (Answer, page 6). Implicit in this contention is the belief that such “optimization” of the colloidal silica amount to be used in patentee’s protective layer would yield a coverage value within the here claimed range. The record before us contains no evidence to support this belief. It is significant that the appellants and Inoue use colloidal silica in their respective protective layers for different reasons. As previously indicated, the appellants use colloidal silica in order to improve maximum optical density and exposure latitude. On the other hand, patentee uses colloidal silica as a matting agent (see lines 39 through 41 in column 31) in order to prevent sticking (see lines 19 through 23 in column 21). Because the appellants and Inoue use colloidal silica for different reasons, it cannot be assumed that the amount necessary 4Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007