Appeal No. 1995-2781
Application No. 07/804,868
to 150 C under dry conditions. Kohno discloses silver halideo
light sensitive layers (Column 13, lines 49-64); dye emitting
compounds (Columns 39 & 51); binders (Column 58); and thermal
solvents (Columns 59-60 & 66). Kohno discloses the use of
various heat solvents for incorporation in the elements to
promote the thermal development and/or transfer. Kohno does
not disclose the calculated logP for the solvents or the
importance of solvents not washing out during aqueous
development.
According to the Examiner it would have been obvious to
substitute hydroxy derivatives of the benzamides disclosed
with a reasonable expectation of achieving comparable results,
based upon the presence of hydroxy substituted compounds
within the disclosed example compounds. We do not agree. The
Examiner has not directed us to a basis within the reference
to select a solvent with the calculated logP required by
claims 1 and 33. There is no suggestion to go to the solvents
in Kohno and select the specific solvents with the calculated
logP required by claims 1 and 33. The rejection of claims 1-
6, 9-11, 14-16, 33-38, 41-43 and 46-51 under 35 U.S.C. § 103
over Kohno is reversed.
2. The § 103 rejection over JP’645
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