Ex parte VACCA et al. - Page 2




          Appeal No. 94-4172                                                          
          Application 08/001,854                                                      


          an infrared sensitive silver halide emulsion layer and a                    
          hydrophilic colloid protective layer.  The protective layer                 
          comprises colloidal silica having an average particle size lower            
          than 15 nanometers wherein the colloidal silica is present at a             
          coverage of from 20 to 70 grams per 100 grams of the hydrophilic            
          colloid in the protective layer.  According to the appellants’              
          specification, this colloidal silica improves exposure latitude             
          and maximum optical density.  The appealed subject matter is                
          adequately illustrated by independent claim 1 which reads as                
          follows:                                                                    

               1.  An infrared sensitive photographic element comprising an           
          opaque film support, an infrared sensitized silver halide                   
          emulsion layer and a hydrophilic colloid protective layer on one            
          side of the film support, characterized in that the protective              
          layer comprises colloidal silica having an average particle size            
          lower than 15 nanometers wherein the colloidal silica is present            
          at a coverage of from 20 to 70 grams per 100 grams of the                   
          hydrophilic colloid in the protective layer.                                

               The references relied upon by the examiner as evidence of              
          obviousness are:                                                            

          Parton et al. (Parton)        4,975,362      Dec.  4, 1990                  
          Muenter et al. (Muenter)      5,013,642      May   7, 1991                  
          Inoue et al. (Inoue)          5,108,872      Apr. 28, 1992                  

               All of the claims on appeal stand rejected under 35 USC                
           103 as being unpatentable over Inoue in view of Muenter or                
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