Ex Parte KAM et al - Page 14




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

               [f]or dielectric layers a different n/k relationship is                    
               necessary as compared to metals.  A high reflection is                     
               created by a completely different mechanism -                              
               interference instead of conductivity.  The condition is                    
               n>2.9 (for reflectivity >30%) with k as small as                           
               possible.                                                                  
                     Most dielectric layers easily reach the extinction                   
               coefficient k smaller IE-3 at 635nm but only a few of                      
               them have a refractive index higher than 2.9 at 635nm.                     
               In addition, most materials fail because of massive                        
               absorption in the UV. . . .                                                
          Dubs at 2, 1st col.  Dubs also describes using a dielectric                     
          material as the semi-reflective layer in a hybrid DVD/CD-ROM:                   
               Dielectrics . . . are attractive because they have very                    
               low absorption and, utilizing the interference                             
               mechanism, may be used to realize a "Hybrid" disc.                         
               This disc combines a conventional CD-ROM information                       
               layer with a semitransparent DVD layer.  The thickness                     
               of this semireflective layer is adjusted to realize                        
               semireflective conditions at the DVD wavelength while                      
               acting as an antireflective film at 780nm.  This                           
               semireflective layer is therefore invisible in a                           
               conventional CD-ROM player.                                                
          Id.  However, Dubs does not indicate that antimony sulfide, which               
          is not mentioned at all, has the requisite index of refraction                  
          and extinction coefficient to function as a semireflective layer.               
          Consequently, while Dubs cures the second deficiency noted above                
          with respect to Nagashima and Horikago, viz., their failure to                  
          show that one skilled in the art would have understood the                      
          relationship of the index of refraction and the extinction                      
          coefficient to a material's suitability for use as a                            
          semireflective film, Dubs does not cure the first deficiency,                   

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