Appeal No. 94-3359
Application 07/941,566
102. We reverse the rejection of claim 8 under 35 USC 103.
OPINION
Under the heading "GROUPING OF CLAIMS" at page 6 of
their supplemental brief on appeal, appellants state that with
respect to the rejection of the claims under 35 USC 102(b) and 35
USC 103: "claims 1-4, 7, and 10-11 shall be grouped together as
depending from claim 1 for patentability"; "claims 5 and 6 shall
be grouped together as depending upon claim 5 for patentability";
and, "claims 8, 9, and 12 shall stand separately, each claim
depending upon its own limitations for patentability under these
rejections." We shall decide the propriety of the rejections
from which an appeal has been taken based on the patentability of
the claims as urged under the "GROUPING OF CLAIMS" heading and to
the extent the particularly grouped claims have been argued with
adequate specificity.
THE PRIOR ART
Schuler discloses a process for preparing useful,
polymeric non-diffusing reducing agents for photographic
emulsions (column 2, lines 57 through 59). The compounds useful
as said reducing agents are polyhydroxyaryl partial acetals of
polyvinyl alcohol polymers and copolymers (column 1, lines 14
through 38). The process entails converting the pendant hydroxy
groups of the aldehyde of the desired polyhydroxyaryl substituent
8
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