Appeal No. 1998-0139
Application No. 08/503,320
comprising a bilayer structure, a protective layer and a reflective layer. The Examiner
has not directed us to the portions of the Kato reference which discloses or renders
obvious the use of the specifically claimed five layer recording medium.
In the absence of sufficient factual evidence or scientific rationale to establish why and
how a skilled artisan would have arrived at the subject matter of claims 11 to 20 from
the applied reference, we find that the initial burden of establishing the prima facie
obviousness of the claimed subject matter has not been met. The 35 U.S.C. § 103
rejection of claims 11 to 20 is reversed.
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