Ex Parte HOLTSLAG et al - Page 1



               The opinion in support of the decision being entered                       
                     today was not written for publication and is                         
                          not binding precedent of the Board                              
                                                          Paper No. 16                    
                        UNITED STATES PATENT AND TRADEMARK OFFICE                         
                                      _______________                                     
                            BEFORE THE BOARD OF PATENT APPEALS                            
                                     AND INTERFERENCES                                    
                                      _______________                                     
                            Ex parte ANTONIUS H. M. HOLTSLAG,                             
                                 DERK VISSER, PETER COOPS,                                
                                and JACOBS P. J. HEEMSKERK                                
                                       ______________                                     
                                     Appeal No. 2000-1257                                 
                               Application 08/861,350                                     
                                      _______________                                     
                               ON BRIEF                                                   
                                      _______________                                     
          Before THOMAS, DIXON and BARRY, Administrative Patent Judges.                   
          THOMAS, Administrative Patent Judge.                                            
                                                                                         
                                     DECISION ON APPEAL                                   

               Appellants have appealed to the Board from the examiner's                  
          final rejection of claims 11-14 and 17-23.                                      
               Representative claim 11 is reproduced below:                               
               11.  An optical record carrier having a stack of information               
          layers at different heights in the record carrier, which                        
          information layers are separated by spacer layers, said record                  
          layer being suitable to be read by means of a focused radiation                 
          beam employing a fixed spherical aberration compensation,                       
          characterized in that the distance between the highest and lowest               
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