Ex Parte CHAPMAN et al - Page 2



         Appeal No. 2000-1433                                                       
         Application No. 09/027,074                                                 

         ether dye having an azo group linking a substituted 3-                     
         hydroxypyridine nucleus to a phenyl nucleus wherein the phenyl             
         nucleus has an ether substituent ortho to the azo group and the            
         phenyl nucleus is free of strong electron withdrawing groups.              
         Further details concerning this appealed subject matter are set            
         forth in representative independent claim 1 which reads as                 
         follows:                                                                   
                        1.  An optical recording element having a                   
              transparent substrate and on the surface of said substrate,           
              a recording layer, a light reflecting layer; wherein the              
              recording layer (a) comprises a (i) a metallized azo                  
              ether dye having an azo group linking a substituted                   
              3-hydroxypyridine nucleus to a phenyl nucleus wherein the             
              phenyl nucleus has an ether substituent ortho to the azo              
              group and said phenyl nucleus is free of strong electron              
              withdrawing groups and (ii) a cyanine dye and (b) has, when           
              unrecorded, a refractive index at a selected wavelength from          
              400 to 660 nm, comprising a real part (n) greater than 1.8            
              and an imaginary part (k) less than 0.2.                              
              The references set forth below are relied upon by the                 
         examiner as evidence of obviousness:                                       
         Ichikawa et al. (Ichikawa)        4,906,498         Mar.  6, 1990          
         Takahashi et al. (Takahashi)      4,939,011         Jul.  3, 1990          
         Chapman et al. (Chapman)          5,500,325         Mar. 19, 1996          
         Bailey et al. (Bailey)         EP 0 053 037 A2      Jun.  2, 1982          










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