Appeal No. 2000-1076
Application No. 09/084,904
Claims 5 and 12-14 stand rejected under 35 U.S.C. § 103
as
being unpatentable over Chapman in view of Bailey; and claims
5-14 stand correspondingly rejected over these references and
further in view of Takahashi and Ichikawa.
We cannot sustain either of the above-noted rejections.
Chapman discloses an optical recording element having a
metallized azo dye of the type here-claimed except that
patentee expressly teaches that the phenyl nucleus of his dye
includes an electron withdrawing group (e.g., see the
paragraph bridging columns 2 and 3 and the paragraph bridging
columns 3 and 4) whereas appealed claim 1 requires that the
phenyl nucleus be free of electron withdrawing groups. In
this regard, Bailey discloses a photographic photosensitive
silver halide element having a metallized azo dye at least
similar to those disclosed by Chapman and claimed by the
appellants wherein the phenyl nucleus of the dye may include
various types of substituents some of which are electron
withdrawing and some of which are not electron withdrawing.
According to the examiner “[i]t would have been obvious to
substitute for the electron withdrawing groups on the
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007