Ex parte D'HONT et al. - Page 3




          Appeal No. 1998-0150                                                        
          Application No. 08/435,224                                                  


               1.  Heat mode recording element comprising, in order:                  
               (a) a support,                                                         
               (b) a layer containing a roughening agent,                             
               (c) a metal recording layer,                                           
               (d) a protective element.                                              
               In support of his rejection, the examiner relies on the                
          following prior art references:                                             
          Tabei et al. (Tabei)               4,388,400           Jun. 14,             
          1983                                                                        
          Wada et al. (Wada)                 4,499,178           Feb. 12,             
          1985                                                                        
          Grzeskowiak et al. (Grzeskowiak)   4,711,838           Dec.  8,             
          1987                                                                        
          Yoshihara                          5,017,449           May  21,             
          1991                                                                        
               Claims 1 through 12 stand rejected under 35 U.S.C. § 103               
          as unpatentable over either Tabei or Wada taken together with               
          Yoshihara or Grzeskowiak.                                                   
               We have carefully reviewed the claims, specification, and              
          applied prior art, including all of the arguments advanced by               
          both the examiner and appellants in support of their                        
          respective positions.  This review leads us to conclude that                
          the examiner’s § 103 rejection is not well founded.                         
          Accordingly, we will not sustain the examiner’s § 103                       
          rejection for essentially those reasons set forth in the                    
          Brief.  We add the following for emphasis and completeness.                 
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