Appeal No. 2004-2148
Application No. 09/362,397
method for applying silicon nitride as a protective layer. We agree with the
Examiner, Answer page 18, that a person of ordinary skill in the art would
have recognized the suitable methods for applying a silicon nitride layer in
an information carrier, including the method disclosed in Kim. We note
that Appellant, Reply Brief page 3, asserts that refractive index is a
characteristic of the layer material and not the layer thickness. There is no
dispute that both Challener and Kim disclose SiN materials that fall within
the scope of the claimed invention. Consequently, Appellant’s argument
regarding the degree of refraction for the intermediate layer of an
information carrier is not persuasive. Furthermore, the Appellant has not
directed us to evidence that the method of applying the SiN layer
produces unexpected results.
Appellant argues that Challener differs from the present invention in
that silicon nitride must be selected from a list of other possible candidates
for the intermediate layer. (Reply Brief, p. 2; Brief, p. 22). Appellant’s
argument is not persuasive. The person of ordinary skill in the art would
have recognized that each of the materials disclosed in Challener would
have been suitable for the intermediate layer including silicon nitride.
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