Ex parte HASEBE - Page 6




                 Appeal No. 95-4747                                                                                                                     
                 Application No. 08/063,297                                                                                                             


                 colloid layers with at least one containing an ultraviolet                                                                             
                 absorbing agent.  The non-photosensitive colloid layer                                                                                 
                 containing an ultraviolet absorbing agent which is furthest                                                                            
                 from the support includes a water-insoluble polymer and a                                                                              
                 gelatin.  The latter layer is obtained from a dispersion of an                                                                         
                 emulsified and dispersed mixture of a solution of at least one                                                                         
                 ultraviolet absorption agent obtained from a class of                                                                                  
                 compounds defined by two separate claimed formulas, at least                                                                           
                 one water insoluble polymer compound, and a gelatin having an                                                                          
                 isoelectric point of at least 6.0.  The photographic material                                                                          
                 contains a water-soluble dye and at least one of the silver                                                                            
                 halide emulsion layers includes a 90 mole percent silver                                                                               
                 chloride content.                                                                                                                      
                          In our view, the examiner has failed to set forth a                                                                           
                 cogent explanation as to why a skilled artisan would have been                                                                         
                 led or motivated by the applied secondary references and the                                                                           
                 undisputed factual assertions of the examiner (page 8 of the                                                                           
                 nonfinal office action mailed September 8, 1993, pages 7 and 8                                                                         
                 of the final rejection and pages 5 and 6 of the answer)  to                                        2                                   

                          2Appellant's arguments and call for an affidavit fall                                                                         
                                                                                                            (continued...)                              
                                                                           6                                                                            





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