Appeal No. 2000-1433
Application No. 09/027,074
In summary, the Chapman and Bailey references fail to
establish a prima facie case of obviousness with respect to the
optical recording element defined by the appealed claims. For
this reason and because the Takahashi and Ichikawa references
have not been relied upon by the examiner for supplying the above
discussed deficiencies of Chapman and Bailey, we cannot sustain
either of the Section 103 rejections advanced on this appeal.
The decision of the examiner is reversed.
REVERSED
BRADLEY R. GARRIS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
THOMAS A. WALTZ ) APPEALS AND
Administrative Patent Judge ) INTERFERENCES
)
)
)
PETER F. KRATZ )
Administrative Patent Judge )
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