Appeal No. 1997-3361
Application No. 08/554,939
That the prior art reference describes a multitude of compounds
of formula (A), (B), and (C) and four enumerated “known fixing
agents” does not preclude our determination that the subject
matter of appealed claim 1 would have been prima facie obvious to
one of ordinary skill in the art over Kojima ‘370. Merck & Co.,
Inc. v. Biocraft Laboratories, Inc. , 874 F.2d 804, 807, 10 USPQ2d
1843, 1846 (Fed. Cir. 1989); In re Susi, 440 F.2d 442, 445, 169
USPQ 423, 425 (CCPA 1971).
Appealed claim 10 further recites that the silver halide
color photographic material has a magnetic recording layer.
Kojima ‘370 does not appear to teach or suggest this feature.
However, Kojima ‘272 teaches that a color negative film should
preferably contain a magnetic recording layer as described in WO
90/04205 published on April 1990, copy attached. 6 (Column 30,
lines 7-17.) Accordingly, it would have been prima facie obvious
for one of ordinary skill in the art to include a magnetic
recording layer as described in Kojima ‘272 in the color
photographic material of Kojima ‘370, with the reasonable
expectation of obtaining the well known advantages of a magnetic
6 WO 90/04205 teaches that a magnetic layer can be included
as an additional layer for the purpose of facilitating
information exchange between various users of the film.
(Abstract.)
10
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