Appeal No. 2003-1892 Application No. 09/681,288 subject matter of claims 1 to 23 and 26 to 32 under 35 U.S.C. § 103(a). We reverse each of these rejections. The Examiner relies on the Enmanji and Barzynski references to “establish the reactive properties of the leuco dyes”. (Answer, p. 9). The Examiner relies on Izu and Hu to establish that “oxygen permeability is an inherent property of organic protective layer[s].” (Answer, p. 10). The Enmanji, Barzynski, Izu and Hu references do not remedy the flaw in the Examiner’s reasoning identified above. The reactive properties of the leuco dyes disclosed by Enmanji and Barzynski, does not provide motivation to use a reactive layer disposed between an oxygen permeable UV coating and the substrate layer of an optical recording media as required by the claimed subject matter. In addition, the teachings of Izu and Hu does not established that the protective layers comprising UV curable resins described by Nishida, Shinkai and Takagishi would necessarily, or inherently have oxygen permeability. CONCLUSION The rejections of claims 1 to 9, 20 to 23 and 26 to 29 under 35 U.S.C. § 103(a) as unpatentable over the combination of Rollhaus and either one of Nishida, Shinkai or Takagishi; claims 1 to 9, 11 to 14, 20 to 23, 26 to 29, 31 and 32 under 35 U.S.C. § 103(a) as unpatentable over the over the combination of -9-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007