Appeal No. 2000-1433
Application No. 09/027,074
Claims 1 and 8-11 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Chapman in view of Bailey; and claims
1-11 stand correspondingly rejected over these references and
further in view of Takahashi and Ichikawa.
We cannot sustain either of the above-noted rejections.
Chapman discloses an optical recording element having a
metallized azo dye of the type here-claimed except that patentee
expressly teaches that the phenyl nucleus of his dye includes an
electron withdrawing group (e.g., see the paragraph bridging
columns 2 and 3 and the paragraph bridging columns 3 and 4)
whereas appealed claim 1 requires that the phenyl nucleus be free
of electron withdrawing groups. In this regard, Bailey discloses
a photographic photosensitive silver halide element having a
metallized azo dye at least similar to those disclosed by Chapman
and claimed by the appellants wherein the phenyl nucleus of the
dye may include various types of substituents some of which are
electron withdrawing and some of which are not electron
withdrawing. According to the examiner “[i]t would have been
Page: Previous 1 2 3 4 5 6 7 Next
Last modified: November 3, 2007