Ex parte TYAN et al. - Page 2




          Appeal No. 1997-0495                                                        
          Application No. 08/399,787                                                  

               The subject matter on appeal relates to a recordable                   
          element having a substrate and on the surface of the                        
          substrate, a recording layer comprising material having a                   
          certain formula and a light reflecting layer, wherein the                   
          light reflecting layer and the recording layer are selected                 
          such that the element reflectivity is about or greater than                 
          70% at about 780 nm.  Further details of this appealed subject              
          matter are set forth in representative independent claim 1                  
          which reads as follows:                                                     
               1. A recordable element having a substrate and on the                  
          surface of the substrate, a recording layer and a light                     
          reflecting layer, the improvement comprising:                               
                    a) a recording layer including material given by the              
               formula (Te Ge C H O ), a, b, c, d, and e are atomic                   
                          a b c de                                                    
          percents       and (c + d) > 40, d > 10, a > 5, b > 5, and e >0             
          such that                                                                   
               a + b + c + d + e = 100; and                                           
                    b) the light reflecting layer and the recording                   
          layer     being selected such that the element R  (element                  
                                                          max                         
                    reflectivity) is about or greater than 70% at about               
          780 nm.                                                                     
               The references relied upon by the examiner as evidence of              
          obviousness are:                                                            
          Chen et al.              5,242,784                Sep.  7, 1993             
          (Chen)                             (filed Jun. 22, 1992)                    
          Yamada et al.                 5,273,861                Dec. 28,             
          1993                                                                        
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