Ex Parte KAM et al - Page 5




          Appeal No. 2000-1243                                                            
          Application 08/826,112                                                          

          (K)1 over a range of wavelengths from 600 to 800 nm, as shown in                
          Figures 2 and 3 (not reproduced below).  Id. at 8, ll. 3-10.                    
          B.  The claims2                                                                 
               Claim 13, which is broader than the other independent claim,               
          claim 23, reads as follows:                                                     
                     13.  A dual layer pre-recorded optical storage                       
               disc, comprising, in order:                                                
                     a transparent substrate having a first data pit                      
               pattern in one major surface thereof;                                      
                     a non-recordable partially reflective layer,                         
               adjacent the first data pit pattern, comprising                            
               antimony sulfide;                                                          
                     a transparent spacer layer;                                          
                     a second data pit pattern; and                                       
                     a highly reflective layer provided adjacent the                      
               second data pit pattern.                                                   
               In view of Horikago's teaching (discussed infra) that data                 
          can be written into an antimony sulfide layer by light having a                 
          wavelength of 400 to 500 nm, the term "non-recordable" as used in               
          claim 13 is understood to mean that light is not used to write                  
          data into the antimony sulfide layer.                                           


               1 Patent No. 4,360,908 (copy enclosed) explains that the                   
          imaginary component of the index of refraction is also known as                 
          the extinction coefficient or absorption parameter (col. 5, ll.                 
          47-52).                                                                         
               2  Claim 19 is incorrectly reproduced in the Appendix to                   
          Appellants' brief: "antimony (III) sulfide" should read "antimony               
          (V) sulfide."                                                                   
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