Appeal No. 1998-1732
Application 08/608,321
of ordinary skill in the art over the applied prior art.
Because the examiner has not pointed out where a total
projective area of the tabular grains of at least 90% is
disclosed in the applied references, or explained why the
applied references would have led one of ordinary skill in the
art to prepare a silver halide emulsion having tabular grains
with such a total projective area, the examiner has not
carried the burden of establishing a prima facie case of
obviousness of the appellants’ claimed invention.
Consequently, we reverse the examiner’s rejection.
DECISION
The rejection of claims 1-12 and 15-17 under 35 U.S.C.
§ 103 over EP ‘092 in view of EP ‘961 is reversed.
REVERSED
JOHN D. SMITH )
Administrative Patent Judge )
)
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