Appeal No. 95-0015
Application No. 07/869,694
and that the sensitizing reaction should take place at a higher
temperature than that at which the sensitizer is added (page
149).
Appellant argues that in Mihara, all of the compounds
recited in appellant’s claims are added after chemical ripening
(brief, page 5). We are not persuaded by this argument because
Mihara teaches that the compounds represented by formulas
(IIa) and (IIb) may be added before the addition of the
sensitizing dyes, and that the sensitizing dyes can be added at
any time during the preparation of the emulsion (col. 23, lines
59-65; col. 24, lines 21-23).
Appellant argues that there is no disclosure by Hirabayashi
that there is any advantage to adding a mercaptotetrazole at a
particular time (brief, page 5). In view of the teaching by
Hirabayashi that such a compound can be added at any time from
before forming the silver halide grains to after chemical
ripening but before coating, it would have been prima facie
obvious to one of ordinary skill in the art to add the compound
before chemical ripening.
Appellant argues that “while the Examiner is correct that
there are general teachings of addition of stabilizers to
emulsions prior to chemical ripening, there is no teaching or
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