Ex parte WALLIS et al. - Page 6




          Appeal No. 94-3359                                                          
          Application 07/941,566                                                      
          the emulsion layer of the photographic element because the bulk             
          of the polymeric moiety renders the developer substantially                 
          insoluble in aqueous alkali, a common activator solution for                
          silver halide emulsions.                                                    
                    Claim 1, the broadest independent claim before us for             
          our consideration, is considered to be adequately representative            
          of the appealed subject matter and reads as follows:                        
                    1.  A black and white photographic element comprising             
          as a photosensitive medium a layer of a silver halide emulsion              
          characterised in that the photosensitive medium comprises in the            
          same layer or in an adjacent layer thereto a developer comprising           
          a substantially non-diffusing polymeric compound having a                   
          molecular weight of at least 1000 having as a component part of             
          its structure a plurality of units having a nucleus of general              
          formula (I):                                                                
                    (I)                                                               



          wherein;                                                                    
                    each Z independently is a member selected from the                
          group consisting of -OH and a group which leaves an -OH residue             
          when contacted with an alkali.  (pH $10) at temperatures of                 
          #50EC.                                                                      
                    The references of record which are being relied on by             
          the examiner as evidence of lack of novelty and obviousness are:            
          Schuler             3,186,970                   June 1, 1965                
          Scullard            3,772,014              November 13, 1973                
          Hofman et al. (Hofman)   3,847,618              November 12, 1974           
          Henzel et al. (Henzel)   4,927,744              May 22, 1990                



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