Appeal No. 1997-0486
Application 08/417,290
concentration in Cullinan’s conditioning solution because such
a person would have had “a reasonable expectation of obtaining
a highly-useful silver halide photographic processing
composition and method of using it with the advantage of less
stain in the finished photographic material caused by
microbiological sources” (answer, page 4). The examiner,
however, does not explain how the references would have led
such a person to combine their teachings as proposed by the
examiner. Cullinan uses an EDTA concentration of 8 g/l in
order to obtain a sequestering effect (col. 5, lines 49-55).
The examiner has not explained why one of ordinary skill in
the art would have expected this sequestering effect to be
obtained at the lower EDTA concentrations used by appellants,
or why such a person would have been led by the references to
eliminate or reduce Cullinan’s desired sequestering effect in
order to obtain Yamada’s antifungal effect which, it appears,
is provided by Cullinan’s 8 g/l of EDTA.
For the above reasons, we conclude that the examiner has
not carried the burden of establishing a prima facie case of
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