Appeal No. 2002-0148
Application No. 09/104,675
-the element has two faces (as exemplified by the magnetic
backing)
-the layer thickness is less than 30µm. (See Examiner’s
Answer, page 3, line 6 - page 7, line 12, and the reference
sections cited therein).
We have carefully reviewed Bohan and agree with the
examiner’s findings of fact. We also note that the appellants
have not challenged any of those findings listed above.
The appellants’ chief substantive arguments that the prior
art does not render the instant claims obvious are that “there’s
no teaching or suggestion in Bohan et al. that the gamma ratio of
each of the red, grain [sic-green], and blue light recording
layer units be designed to be between 0.80 and 1.20” (Brief,
page 8, line 27-page 9, line 1) and that “there’s no disclosure
suggestion that would lead one to the particular exposure
latitude in the appealed claims.” (Id., page 9, lines 18-19).
As both of these terms are defined by the appellants in the
specification, some understanding of their meaning is necessary.
We note that the specification, page 2, lines 7-12, defines the
term “gamma ratio” as follows:
The term “gamma ratio” when applied to a color recording
layer unit refers to the ratio determined by dividing the
color gamma of a cited layer unit after an imagewise color
separation exposure and process that enables development of
primarily that layer unit by the color gamma of the same
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