Ex parte CHAPMAN et al. - Page 2




          Appeal No. 2000-1076                                                        
          Application No. 09/084,904                                                  


               The subject matter on appeal relates to an optical                     
          recording element having a recording layer which comprises a                
          metallized                                                                  
          azo thioether dye having an azo group linking a substituted                 
          3-hydroxypyridine nucleus to a phenyl nucleus wherein the                   
          phenyl nucleus has a thioether substituent ortho to the azo                 
          group and the phenyl nucleus is free of electron withdrawing                
          groups.  Further details concerning this appealed subject                   
          matter are set forth in representative independent claim 5                  
          which reads as follows:                                                     
                    5.  An optical recording element having a                         
               transparent substrate and on the surface of said                       
               substrate, a recording layer, a light reflecting layer;                
               wherein the recording layer comprises a metallized azo                 
               thioether dye having an azo group linking a substituted                
               3-hydroxypyridine nucleus to a phenyl nucleus wherein the              
               phenyl nucleus has an thioether substituent ortho to the               
               azo group and is free of electron withdrawing groups on                
               the phenyl ring and has, when unrecorded, a refractive                 
               index at a selected wavelength from 400 to 660 nm,                     
               comprising a real part (n) greater than 1.8 and an                     
               imaginary part (k) less than 0.3.                                      
               The references set forth below are relied upon by the                  
          examiner as evidence of obviousness:                                        
          Ichikawa et al. (Ichikawa)        4,906,498         Mar.  6,                
          1990                                                                        
          Takahashi et al. (Takahashi)      4,939,011         Jul.  3,                
          1990  Chapman et al. (Chapman)          5,500,325         Mar.              
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