Ex Parte SOWINSKI et al - Page 7




         Appeal No. 2002-0148                                                       
         Application No. 09/104,675                                                 
         units with gamma values of 0.1 to 1.0, and less than 0.01 mmol/m2          
         of masking coupler with an exposure latitude of at least 3.0 log           
         E and a light sensitivity of at least 100 with reasonable                  
         expectation for achieving a rapidly processed color image having           
         desired aim color and tone scale reproduction. (Examiner’s                 
         Answer, page 4, lines 13-18).  The examiner has further found              
         that Bohan teaches that the most preferable amount of color                
         masking couplers is in amounts of up to 0.01 mmol/m2. As the               
         appellants teach one way of keeping the gamma ratio between 0.8            
         and 1.2 is by restricting the amount of color masking coupler              
         (specification, page 15, lines 14-15), the examiner has concluded          
         that the low-coupler embodiment taught by Bohan would reasonably           
         be expected to have the claimed gamma ratios.  (Examiner’s                 
         Answer, page 5, lines 8-10; page 6, lines 2-10).                           
              The appellants first contend that Bohan and the appellants            
         have different goals; that Bohan is silent on the appellants’              
         goal and does not teach towards it; and that no example is within          
         the scope of the appellants’ claims.  (Appeal Brief, page 5,               
         lines 18-22).                                                              
              It is well-established that the motivation of the reference           
         need not be the same as the motivation of the applicants.  An              
         obviousness rejection does not require a suggestion of the same            
         problem that is being solved by appellant – all that is required           

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