Appeal No. 2000-1433
Application No. 09/027,074
groups in question are equivalent to one another. While these
groups may be equivalent in Bailey’s context of a metallized azo
dye in a photographic photosensitive silver halide element, the
Bailey reference certainly does not establish any such
equivalency in Chapman’s context of a metallized azo dye in an
optical recording element.
Particularly when viewed from this last-mentioned
perspective, the modification to Chapman proposed by the examiner
and needed in order to achieve the here-claimed invention is not
supported by the applied reference evidence. Stated otherwise,
the applied references contain nothing to support the conclusion
that an artisan would have found it desirable to replace the
electron withdrawing group in the metallized azo dye of Chapman’s
optical recording element with a group which is not electron
withdrawing in accordance with Bailey’s teachings. The
evidentiary absence of such desirability is particularly
egregious in this instance due to the fact that this modification
of Chapman is directly contrary to patentee’s express teaching
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