Ex parte HAMADA et al. - Page 2




          Appeal No. 1996-1876                                                        
          Application No. 08/344,663                                                  


               Claim 1 is representative and is reproduced below:                     
               1.  An optical information recording medium comprising a               
          light transmitting substrate, a light absorptive layer                      
          containing at least one light absorbing substance formed on                 
          the substrate and light reflective layer made of a metal film               
          formed on the light absorptive layer, wherein an optical                    
          parameter represented by D = n d /8 wherein n  is the realabs abs        abs                            
          part of the complex refractive index of the light absorptive                
          layer, d  is the average thickness in nanometers of the light               
                  abs                                                                 
          absorptive layer and 8 is the wavelength in namometers of a                 
          reading laser beam, is 0.6<D<1.6.                                           
               The reference of record relied upon by the examiner is:                
          Oba et al. (Oba)              4,767,693                August               
          30, 1988                                                                    
               The appealed claims stand rejected under 35 U.S.C. § 112,              
          second paragraph.  Appealed claims 1-4 also stand rejected                  
          under 35 U.S.C. § 102(b) as anticipated by, or in the                       
          alternative, under 35 U.S.C. § 103 as obvious over Oba.                     
               The subject matter on appeal is directed to an optical                 
          information recording medium structurally defined as                        
          comprising a light transmitting substrate, a light absorptive               
          layer containing at least one light absorbing substance formed              
          on the substrate, and a light reflective layer made of a metal              
          film formed on the light absorptive layer.  Appellants have                 
          allegedly discovered that an optical parameter D as defined by              
          a recited equation in claim 1 must be greater than 0.6 and                  
                                          2                                           





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