Ex Parte Fukui - Page 6

                Appeal No. 2007-0218                                                                              
                Application No. 10/730,143                                                                        

                R-3” and that Yoshioka discloses specific compounds within formulas R-1,                          
                R-2, and R-3.  (Id. at 8-9.)  The Examiner concludes that the cited references                    
                would have made the product of claim 1 obvious to a person of ordinary                            
                skill in the art.                                                                                 
                       We conclude that the Examiner has set forth a prima facie case of                          
                obviousness.  In particular, Toya 126 describes a photothermographic                              
                material comprising a photosensitive silver halide, an organic silver salt, a                     
                reducing agent for the organic silver salt, and a binder on a surface of a                        
                support (col. 1, ll. 38-40; col. 18, ll. 1-24; col. 21, ll. 41-47; col. 24, l. 61).               
                Toya 126 states that the silver halide can be silver iodide or silver                             
                iodobromide (col. 16, ll. 50-53), thus teaching embodiments in which all or                       
                only a portion of the silver halide is silver iodide.  In addition, Toya 126                      
                teaches that silver iodobromide having a silver iodide content of 0.1 to 40                       
                mole % is most preferred (col. 16, ll. 55-56).  This preferred range overlaps                     
                the range recited in claim 1 at 40 mole %.                                                        
                       Siga describes an image forming material comprising a silver halide                        
                including silver iodide, an organic silver salt, a reducing agent, and a binder                   
                (col. 3, l. 60 to col. 4, l. 5).  Siga states that this composition provides                      
                improved stability and sensitivity (col. 4, ll. 46-49).  Siga also states that,                   
                “for the silver iodide to exert a sufficient effect,” it is preferably included in                
                an amount of at least 30 mole %, more preferably at least 50 mole %, based                        
                on the silver halide component (col. 6, ll. 43-50).  Based on the teachings in                    
                Toya 126 and Siga, we agree with the Examiner that it would have been                             
                obvious to include, in the composition of Toya 126, silver iodide in an                           
                amount of at least 40 mole %, as recited in claim 1.                                              


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