Ex parte D'HONT et al. - Page 7




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


          they not teach or suggest employing the above-mentioned                     
          roughening agent containing layer just below a metal recording              
          layer to “induce . . . deformation spots into this metal                    
          layer,” but they also do not teach or suggest using their                   
          roughening agent containing layer in a heat-mode recording                  
          material.  Nor has the examiner explained why it would have                 
          been obvious to one of ordinary skill in the art to use the                 
          roughening agent containing layer employed in Yoshihara’s                   
          electrophotographic photosensitive member or Grzeskowiak’s                  
          photographic elements just below the metal recording layer of               
          the heat-mode recording material of the type described in                   
          Tabei or Wada.                                                              
















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