Ex parte MUKAWA - Page 9




          Appeal No. 98-0599                                                          
          Application 08/434,029                                                      

          optical recording disk as having a base substrate formed of a               
          light-transmitting material, such as polycarbonate resin.                   
               Polycarbonate is a well known material.  For good reason,              
          the appellant has not disputed the art-recognized properties                
          of the material.  Polycarbonate is a transparent thermoplastic              
          resin easily fabricated by thermoforming.  See The Condensed                
          Chemical Dictionary, Eighth Edition, 1971 (copy of definition               
          enclosed).   Kato describes that its control ring 19 is formed              
          by a compound plastic containing a filler and that the                      
          compound plastic “can be selected mainly from thermoplastic                 
          resins such as polyacetal, nylon, polybutylene terephthalate,               
          polyester, polypropylene, polyethylene, polyfluoroethylene,                 
          etc.” (Kato, column 2, lines 10-20).  Such evidence, from the               
          perspective of one with ordinary skill in the art, reasonably               
          would have suggested that Kato’s disk media 16 and control                  
          ring 19 can be made from the same kind of material, e.g., a                 
          thermoplastic like polycarbonate resin.  On this record, there              
          is no reason for one with ordinary skill in the art to suspect              
          that the presence of a filler would cause the  plastic to                   
          become unsuitable as the disk media substrate.                              



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