Ex Parte KAM et al - Page 10




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

               Recording layer 2 can be formed of a chalcogenide material                 
          such as Sb2S3, which allows recording and replay with light                     
          having a wavelength from 400 nm to 500 nm.   Translation at 7, 1st              
          para.  If rewritability is required, the layer should be                        
          sandwiched between protective films in the manner shown in                      
          Figure 2 (not reproduced herein).  Id.  If only a "write once"                  
          capability is required, these protective films can be omitted.                  
          Id.5  Recording layer 4 is formed of a different material from                  
          layer 2 and is capable of recording and replay with light of                    
          600 nm, while layer 6 is formed of yet another material and is                  
          capable of recording and replay with light of 780 nm to 830 nm.                 
          Id., 2d para.  Horikago additionally discloses that layer 2 can                 
          be formed on a pre-recorded pit pattern representing tracking or                
          address signals:                                                                
               As illustrated in the Figure 1, [the invention] uses a                     
               transparent substrate (1) made of polycarbonate                            
               substrate of injection molding, transparent plastic                        
               substrate by (2P method) using UV ray curing resin, or                     
               glass substrate.  Laser beams (8), (9), and (10) are                       
               entered from substrate (1) side.  On these substrate                       
               surfaces (1), groove or tracking purpose or address                        
               signal pit[s] are transferred (not illustrated in the                      
               Figure 1).  On this, first recording layer (2) is                          
               formed through an evaporation method or a sputtering                       
               method.                                                                    


               5  We agree with Appellants (Reply Brief at 3) that the                    
          examiner is incorrect to characterize layer 2 when used in the                  
          "write once" mode as being "non-recordable."  Answer at 12.                     
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