Appeal No. 2004-2148
Application No. 09/362,397
having hardness properties in an intermediate layer of an optical carrier
would have been beneficial. In evaluating the references, the Examiner
may not pick and choose from anyone reference only so much of it as will
support a given position, to the exclusion of other parts necessary to the full
appreciation of what such a reference fairly suggests to one of ordinary skill
in the art. See In re Kamm, 452 F.2d 1052, 1056-57, 172 USPQ 298, 301-02
(CCPA 1972).
Claims 128 and 129 under 35 U.S.C. § 103(a) as unpatentable over
combination of Challener and Kugler. We affirm.
Claims 128 and 129 further define the subject matter of claim 107 by
specifying that the intermediate layer comprises a doping material. The
Examiner relies on the Kugler reference for describing a silicon material
doped to increase conductivity. According to the Examiner a phosphorus
doping material leads to a lower tendency of arcing and splashing at the
poisoned target. (Answer, pp. 5-6).
The Appellant acknowledges that Kugler teaches phosphorous as a
doping material. (Brief, p. 40). However, Appellant asserts that Kugler does
not contemplate the rigors of an intermediate layer between two
information layers.
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