Appeal No. 95-4747
Application No. 08/063,297
Accordingly, we shall not sustain the examiner's rejection as
follows.
According to appellant, the claims stand or fall together
(brief, page 5). We have selected claim 28, the only
independent claim on appeal, as a representative claim upon
which the present decision is based.
It is axiomatic that, in proceedings before the PTO,
claims in an application are to be given their broadest
reasonable interpretation consistent with the specification,
and that claim language should be read in light of the
specification as it would be interpreted by one having
ordinary skill in the art. In re Sneed, 710 F.2d 1544, 1548,
218 USPQ 385, 388 (Fed. Cir. 1983).
Following that basic rule of claim interpretation, we
determine that claim 28 specifies a color photographic
material that includes at least five layers including at least
two non-photosensitive layers and at least three silver halide
containing emulsion layers provided on a reflective support.
At least one silver halide containing emulsion layer of each
of cyan, magenta, and yellow dye-forming couplers are formed.
The photographic material includes plural non-photosensitive
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