Appeal No. 1997-0495
Application No. 08/399,787
. to the recording medium of Kuroiwa” (answer, page 6). From
our perspective, however, the examiner has failed to carry his
initial burden of establishing a reason or motivation coupled
with a reasonable expectation of success in support of this
proposed addition. In re O’Farrell, 853 F.2d 894, 903-904, 7
USPQ2d 1673, 1680-1681 (Fed. Cir. 1988).
For example, Chen addresses a temperature problem
exhibited by certain active (i.e., recording) layer materials
which exhibit a lower reflectivity in the amorphous and liquid
states than in the crystalline state whereby the material
absorbs more light and becomes hotter as it transforms from a
crystalline to a liquid phase (e.g., see lines 7 through 27 in
column 2). This problem is avoided by providing an optical
recording media having such an active material layer with a
certain structure including a dielectric layer and a
reflective layer and including certain layer thicknesses such
that the reflectivity of the liquid state is higher than of
the crystalline state thereby avoiding the aforementioned
temperature problem. On this record, there is no basis for
concluding that the recording or active material of Kuroiwa
exhibits the temperature problem addressed and solved by Chen.
4
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: November 3, 2007