Ex Parte KUGLER - Page 16




                Appeal No. 2004-2148                                                                           
                Application No. 09/362,397                                                                     
                mention the more critical requirements of an intermediate layer of an                          
                information carrier.  Thus, claims 96 and 97 are not believed to be obvious                    
                from the combined teachings of Challener, Kim, Kluger and Signer.  (Brief,                     
                p. 34).                                                                                        
                       A person of ordinary skill in the art would have recognized the                         
                suitable methods for forming layer in an information carrier.  A person of                     
                ordinary skill in the art would have reasonably expected that the process of                   
                forming an optical layer disclosed by Kluger and Signer would have been                        
                suitable for forming a layer in the information carrier of Challener.                          
                III.                                                                                           
                       The Examiner rejected claims 107 to 118, 123 to 125, 130 to 135, 137                    
                to 140 and 143 to 149 under 35 U.S.C. § 103(a) as unpatentable over                            
                Challener.  We affirm.                                                                         
                       The subject matter of claim 107 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.                                                                                         




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