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 2Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007