Ex Parte SOWINSKI et al - Page 6




         Appeal No. 2002-0148                                                       
         Application No. 09/104,675                                                 
              layer unit after an imagewise white light exposure and                
              process that enables development of all layer units.                  
              The specification, page 2, lines 1-3, also defines “exposure          
         latitude” as follows:                                                      
              The term “exposure latitude” indicates the exposure range of          
              a characteristic curve segment over which instantaneous               
              gamma (∆D/∆logE) is at least 25 percent of gamma, as defined          
              above.                                                                

              With these definitions in mind, we proceed to the                     
         appellants’ arguments.  Initially, we note that the contention             
         regarding the exposure latitude has no merit.                              
              Bohan expressly teaches that it is preferable that the color          
         film have “an exposure latitude of at least about 1.5 log E,               
         preferably having an exposure latitude of at least about 2 log E,          
         more preferably having an exposure latitude of at least about 2.5          
         log E, and most preferably having an exposure latitude of at               
         least about 3.0 log E.”  (Bohan, column 12, lines 4-9).  The               
         preferred (and most preferred) ranges in Bohan overlap the                 
         claimed range, and therefore we are not persuaded by this                  
         argument.                                                                  
              Turning to the gamma ratio, the examiner has found that it            
         would have been obvious to prepare a multilayer color                      
         photographic material of the type exemplified by Bohan having a            
         thickness of less than 30 µm, comprising a DIR compound, layer             


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