Appeal No. 2004-2148
Application No. 09/362,397
The Examiner rejected claims 119, 120, 126 and 127 under 35 U.S.C. §
103(a) as unpatentable over the combination of Challener and Imaino.
We affirm.
The claims further define the subject matter of claim 107 by
specifying that the intermediate layer comprises a spacer layer that can
be made of glue or laquer. The Examiner relies on the Imaino reference for
describing an optically transparent cement spacer layer. According to the
Examiner, the cement spacer layer would aid in holding the information
carrier together. (Answer, pp. 12-15).
Appellant argues that the subject matter of claims 119 and 120 is
patentable because neither Challener nor Imaino discusses the criterion for
the intermediate layer thickness as a function of wavelength. This
argument is the same as presented for claim 107. This argument is not
persuasive for the reasons discussed above.
Appellant argues that the subject matter of claims 126 and 127 is
patentable because while Imaino teaches the usefulness of cement
spacer layers even in the critical intermediate layer between information
layers, Imaino does not suggest the combination of reflective layers and
Challener only uses its reflective Layer behind the full thickness of both its
information layers.
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