Ex parte HATWAR et al. - Page 11




            Appeal No. 95-4066                                                                         
            Application 07/963,189                                                                     


                  The examiner's second stated rejection under 35 U.S.C. §                             
            103 is founded on "appellants' admissions" considered with                                 
            Takahashi in further view of Hasegawa and Shindo. Having                                   
            discussed above all the prior art on which the examiner relies                             
            here except for Hasegawa, we shall here limit our specific                                 
            discussion of the prior art to Hasegawa.                                                   
                  Hasegawa recognizes that a problem exists between the                                
            organic dye recording layers of a compact disk and the metal                               
            reflective layer. Specifically, Hasegawa recognizes that there                             
            is poor adhesion between the metal reflective layer and the                                
            organic dye layer. Hasegawa overcomes this problem by                                      
            including a layer of an organic heterocyclic compound                                      
            containing at least one of nitrogen or sulfur between the                                  
            recording layer and the reflective layer. Appellants' claims,                              
            however, require that the recording layer and reflective layer                             
            are coupled, one to the other. Still further, Hasegawa at best                             
            only generically suggests silver-copper alloys as useful for                               
            the reflective layer. The specific examples of alloys used by                              
            Hasegawa include, in atomic percents: 60/40 gold/copper; 70/30                             
            gold/copper; 70/30 gold/silver; and, 50/50 gold/silver. No                                 
            silver-palladium or silver-copper alloys in the atomic                                     
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