Appeal No. 1997-3361
Application No. 08/554,939
66 to column 6, line 2.) According to Kojima ‘370, the bath
having a fixing ability contains at least one compound selected
from the group consisting of compounds represented by formulae
(A), (B), and (C), including compound B-8 which is the
appellants’ elected species, in an amount from 1 x 10 -5 to 10
mol/liter. (Column 3, lines 8-11; column 30, line 65; column 36,
lines 1-5; specification, page 5.) Kojima ‘370 further teaches
that the bath having a fixing ability may also contain “known
fixing agents” including “thiosulfates, thiocyanates, thioureas
and iodide” in an amount of from 1 x 10-3 to 3 mol/liter.
(Column 45, lines 40-47.)
Considering Kojima ‘370 as a whole, we share the appellants’
view (appeal brief, pages 9-10) that the disclosure of the prior
art reference does not constitute an “anticipation” of the
claimed invention. To meet the appellants’ claimed limitations
concerning compound (I), the thiosulfate, and their relative
amounts, the examiner has resorted to “picking, choosing, and
combining various disclosures not directly related to each other
by the teachings of the cited reference ” in order to support a
(Col. 5, l. 64 to col. 6, l. 2.)
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