Ex parte BAILY et al. - Page 6




          Appeal No. 1995-2781                                                        
          Application No. 07/804,868                                                  
               sensitive silver halide grains, a compound providing                   
               a heat transferable magenta dye, and a hydrophilic                     
               binder, a cyan dye producing layer containing light-                   
               sensitive silver halide grains, a compound providing                   
               a heat transferable cyan dye, and a hydrophilic                        
               binder, and where said material contains a thermal                     
               solvent for facilitating non-aqueous thermal dye                       
               diffusion transfer, according to formula I,                            









               wherein                                                                
               (a) Z1, Z2, Z3, Z4, and Z5 are substituents, the                       
               Hammett sigma parameters of Z2, Z3, and Z4 sum to                      
               give a total, G, of at least -0.28 and less than                       
               1.53;                                                                  
               (b) the calculated logP for I is greater than 3 and                    
               less than 101 with the proviso that said heat                          
               transferable yellow, magenta, and cyan dyes formed                     
               upon reaction of said compounds with the oxidation                     
               product of a primary amine developing agent transfer                   
               at a temperature of from about 50°C to 200°C.                          
               1.  The § 103 rejection over Kohno                                     
               Claims 1-6, 9-11, 14-16, 33-38, 41-43 and 46-51 are                    
          rejected under 35 U.S.C. § 103 over Kohno.                                  
               Kohno describes heat developable silver halide                         
          photographic medium and the transfer of the image by heating                
          the composite of the receiving element and the exposed medium               

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