Appeal No. 2004-2148
Application No. 09/362,397
The subject matter of claims 98 and 99 further describes the subject
matter of claim 91 by describing the reactive vacuum coating as
sputtering (claim 98) or magnetron sputtering (claim 99).
Regarding claims 98 and 99, Appellant argues that because of the
critical nature of the intermediate layer between information layers, it is not
seen how the skilled artisan would reach these claims in an obvious
manner from the combination of Challener and Kim. (Brief, p. 34).
We do not agree. Appellant admits that the Kim reference teaches
sputtering processes. (Brief, p. 34). However, Appellant asserts that Kim
does not teach doping of the silicon target. This argument is not
persuasive because the claimed subject matter does not require the
doping of the silicon target.
The subject matter of claim 105 describes a method for producing
an information carrier comprising at least two solid material interfaces. The
claim specifies that the intermediate layer is deposited to have at least
one dielectric layer with a particular optical thickness specified in the
claim.
Appellant asserts that the subject matter of claim 105 is unobvious
and patentable over the combination of Challener and Kim. Specifically,
on page 36 of the Brief, Appellant states:
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