Appeal No. 95-4066
Application 07/963,189
the examiner has made the proposed selections and
substitutions using appellants' claims as a guide.
Nevertheless, claim 7 stands on a different footing than
all the other claims which the examiner has rejected on the
first stated grounds. Claim 7 requires a compact disk having a
reflective layer which is a silver-copper alloy having from 1
to 30 atomic percent copper. Tomie describes an alloy within
the metes and bounds of claim 7 and Tomie provides motivation
for using said alloy rather than conventional compact disk
metal reflective layers. Specifically, the silver-copper alloy
of Tomie is said to yield a reflective layer with an improved
signal to noise ratio with superior corrosion resistance.
Thus, we are satisfied that a person seeking a reflective
layer of improved signal to noise ratio would have been
motivated to substitute for the prior art gold reflective
layer the silver-copper alloy reflective layer of Tomie.
Accordingly, we shall affirm the rejection of claim 7 under 35
U.S.C. § 103 as being unpatentable from "appellants'
admissions" taken with Tomie. We find Kobayashi, Takahashi and
Shindo to be merely cumulative and represent the state of the
art.
10
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007