Appeal No. 2000-1076
Application No. 09/084,904
Bailey as evincing that the
groups in question are equivalent to one another. While these
groups may be equivalent in Bailey’s context of a metallized
azo dye in a photographic photosensitive silver halide
element, the Bailey reference certainly does not establish any
such equivalency in Chapman’s context of a metallized azo dye
in an optical recording element.
Particularly when viewed from this last-mentioned
perspective, the modification to Chapman proposed by the
examiner (and needed in order to achieve the here-claimed
invention) is not supported by the applied reference evidence.
Stated otherwise, the applied references contain nothing to
support the conclusion that an artisan would have found it
desirable to replace the electron withdrawing group in the
metallized azo dye of Chapman’s optical recording element with
a group which is not electron withdrawing in accordance with
Bailey’s teachings. The evidentiary absence of such
desirability is particularly egregious in this instance due to
the fact that this modification of Chapman is directly
contrary to patentee’s express teaching that his dye contains
an electron withdrawing group.
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