Ex parte D'HONT et al. - Page 4




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


               The claimed subject matter is directed to a heat mode                  
          recording element comprising, in order: a support, a layer                  
          containing a roughening agent, a metal recording layer and a                
          protective element.  According to pages 5 and 6 of the                      
          specification, the claimed layer containing a roughening agent              
          is defined as follows:                                                      

                    The roughening agent incorporated in layer (b)                    
               - for many actual substances this term will be                         
               equivalent to the more familiar terms “matting agent”                  
               or “spacing agent”, but the term is chosen for its                     
               functional aspect - must fulfil several requirements                   
               for the successful practice of the present invention.                  
               Chemical nature, concentration and particle distribution               
               of the roughening agent must be chosen in such a way                   
               that a certain degree of unevenness can be introduced                  
               in the metal recording layer.  It is shown that this                   
               unevenness can reduce the occurrence of interference                   
               patterns because the reflectance gets more diffuse.                    
               It will be clear that the roughening agent must be                     
               closely packed in the layer.  It will also be easily                   
               understood that the thickness of layer (b), the average                
               particle size and the coverage of the roughening                       
               agent must be tuned to each other in such a way                        
               that a sufficient number of the roughening particles                   
               must protrude above the interface layer (b) / metal layer              
               in order to induce local deformation spots into this                   
               metal layer.  When the average particle size is too                    
               low the roughening agent will not be able to introduce                 
               unevenness in the metal layer.  When the average                       
               particle size is too great too high a coverage will                    
               be required which would make layer (b) too thick.                      
               So it is clear that an optimal particle size should                    
               be chosen for the roughening agent and that this                       
               optimum will depend on the mechanical strength of                      
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