Appeal No. 1995-2781
Application No. 07/804,868
the formation of dispersions comprising solvents and couplers
were formed without dispersion aids. (Column 1, lines 14-23).
According to the Examiner, the appealed claims would
include or embrace the use of a dispersion aid. (Examiner’s
Answer, paragraph bridging pages 7 and 8). We agree.
Additionally, it would have been obvious to provide the
Appellants’ claimed photographic element with a dispersion
aid. Chari discloses the advantages which are obtained by the
use of the combination of a solvent and a dispersion aid in
photographic systems. The formation of the developable
photographic dye diffusion transfer element of appealed claim
1 including a solvent and dispersion aid would have been
obvious to one of ordinary skill in the art who desired not to
use mechanical methods for forming a dispersion. Thus, one of
ordinary skill in the art with the subject matter of appealed
claim 1 and the Chari reference before him would have found
obvious the aqueous-developable color-photographic material
containing a thermal solvent dispersion, as described in
patent claim 1.
Regarding the second aspect of the two way test, the
Examiner determined the subject matter of patent claim 1 is
not patentably distinct from the subject matter of appealed
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