Appeal No. 2004-2148
Application No. 09/362,397
Appellant asserts that the subject matter of claim 107 is unobvious
and patentable over Challener. Specifically, on page 36 of the Brief,
Appellant states:
Claim 107 is believed to be clearly unobvious and
patentable over Challener because, except for calling for the
intermediate layer to contain dielectric material, Challener is
missing the entire novel combination of features claimed,
namely: 'depositing the intermediate Layer to have a Layer
system with at least one dielectric Layer and with an optical
thickness which, at least in a first approximation, is m.8o/4,
wherein m is an integer of at least unity and is uneven and
wherein 8o designates the wavelength of said radiation which
is transmitted through said at least one dielectric layer and
wherein, depending from said m being an integer, m being
reduced by an amount of up to 0.6 or increased by an
amount of up to 0.2.''
Neither the calculation for the layer thickness is taught
be Challener, nor the expanded tolerance for ''m'' which
makes the method of the claimed invention easier to perform
while still producing functional information carriers.
Appellant also presents similar arguments regarding the subject
matter of the dependent claims 108 to 118, 123 to 125, 130 to 135, 137 to
140 and 143 to 149 which describe more characteristics of the
intermediate layer. (Brief, pp. 36 to 40).
The Examiner asserts that the claims are unpatentable over
Challener. (Answer, pp. 12-13). Challener discloses an information carrier
comprising at least two solid material interfaces and an intermediate layer
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