Appeal No. 1999-0056
Application No. 08/734,431
unobvious finding has nothing to do with Howe
et[.] al's teaching. . . . To our surprise,
coatings with such high reflectivity near the
second maximum and with about the same
absorption as at the first maximum showed a
2mW sensitivity (efficiency) advantage over
coatings near the first maximum.
In our judgment, the factual findings which serve as the
underpinnings of the examiner's conclusion of obviousness have
been rebutted by an expert in the field of the presently
claimed invention, namely, optical recording elements.
Accordingly, based on the present record, we are constrained
to reverse the examiner's rejections.
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