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. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007