Ex parte VISHWAKARMA et al. - Page 6

               Appeal No. 94-4495                                                                                                  
               Application 07/865,165                                                                                              


               upon or explained how the prior art would have suggested or led one skilled in the art to thes e                    
               particular binary dye compounds being claimed.                                                                      
                      For the foregoing reasons, we find the examiner has not made out a prima facie case of                      
               obviousness over the teachings of the prior art.  Accordingly, the decis ion of the examiner is reversed.           
                                                          REVERSED                                                                 






                                             JOHN D. SMITH                           )                                            
                                             Administrative Patent Judge          )                                               
                                                                            )                                                     
                                                            )   BOARD OF PATENT                                                   
                                                                                   )      APPEALS  AND                            
                                             CAMERON WEIFFENBACH        )   INTERFERENCES                                         
                                     Administrative Patent Judge            )                                                     
                                                                             )                                                     
                                                    )                                                                             
                                                    )                                                                             
                                             CHUNG K. PAK                             )                                           
                                             Administrative Patent Judge             )                                            




               JOSHUA G. LEVITT                                                                                                    
               EASTMAN KODAK CO.                                                                                                   
               PATENT DEPARTMENT                                                                                                   
               ROCHESTER, NY 14650-2201                                                                                            


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