Ex parte BAILY et al. - Page 8




          Appeal No. 1995-2781                                                        
          Application No. 07/804,868                                                  
               Claims 1-6, 9-11, 14-16, 33-38, 41-43 and 46-51 are                    
          rejected under 35 U.S.C. § 103 over JP’645.                                 
               JP’645 describes heat developable photographic elements                
          used in color image forming.  JP’645 discloses silver halide                
          light sensitive layers (Page 13); dye emitting compounds (Page              
          15); binders (Page 22); and various types of heat solvents                  
          (Pages 7-10).  JP’645 does not disclose the calculated logP                 
          for the solvents or the importance of solvents not washing out              
          during aqueous development.                                                 
               According to the Examiner, JP’645 anticipates the use of               
          benzamide derivatives as heat solvents in color producing                   
          systems, alternatively, it would have been obvious to use                   
          these heat solvents in heat developable compositions.                       
          (Examiner’s Answer, paragraph bridging pages 4 and 5).  The                 
          Examiner also states the compounds embraced by the instant                  
          claim language are taught with respect to formula IV and that               
          JP’645 has chosen a different measure of                                    
          hydrophobic/hydrophillic character. (Examiner’s Answer, page                
          14, lines 17-20).  We have not been directed to a correlation               
          between the argued different measures of                                    
          hydrophobic/hydrophillic character of JP’645 and the                        
          calculated logP for the solvents required by the claims.  That              
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