Appeal No. 1995-2781
Application No. 07/804,868
a solvent with the calculated logP required by claims 1 and
33. There is no suggestion to go to the solvents in Otani and
select the specific solvents with the calculated logP required
by claims 1 and 33 to be used in the system disclosed by
JP’645. Both JP’645 and Otani are silent as to the calculated
logP of their solvents. The rejection of claims 1-8, 10-13,
16, 33-40, 42-45, 48 and 49 under 35 U.S.C. § 103 over the
combination of JP’645 and Otani is reversed.
B. The double patenting rejection
Claims 1-16 and 33-49 have been rejected as unpatentable
under the judicially created doctrine of obviousness type
double patenting over claims 1, 4-16, 18-28 and 31-40 of U.S.
Patent 5,360,695 (Texter) in view of Chari. Claims 1 and 33,
reproduced above, are representative of the rejected claims.
Below, we reproduce claim 1 of U.S. Patent No. 5,360,695:
1. An aqueous developable chromogenic
photographic dye-diffusion transfer element of two
or more layers comprising a support, radiation
sensitive silver halide, a dye-forming compound
wherein said compound forms a heat transferable dye
upon reaction of said compound with the oxidation
product of a primary amine developing agent and
wherein said heat transferable dye does not contain
water solubilizing groups to immobilize said heat
transferable dye in dry gelatin, a hydrophilic
binder, and a solid particle thermal solvent
dispersion, wherein said thermal solvent is a
water-immiscible phenol derivative, has a melting
12
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