Ex parte TEXTER et al. - Page 3




          Appeal No. 95-2765                                                          
          Application 08/025,474                                                      



          (35 U.S.C. § 103) in view of Kojima.  Additionally, composition             
          claims 12-14, 16, and 17 stand rejected under the same section of           
          this statute in view of Altland.                                            
                    We affirm the examiner’s rejection of composition                 
          claims 12-14, 16, and 17 in view of Kojima.  We reverse all other           
          rejections.                                                                 


              THE REJECTION OF THE COMPOSITION CLAIMS IN VIEW OF KOJIMA               
                    The claimed composition is directed to a developer                
          prebath or developer bath which comprises an aqueous solution of            
          a triazolium thiolate accelerator compound in an amount between             
          10  and 10  moles/L.  The bath does not contain any iron (III)-8      -3                                                                
          ion complex salt having bleaching activity or any nucleating                
          agent capable of chemically fogging a negative-type silver halide           
          emulsion.  Appealed claim 12 also includes the language that the            
          “development comprises developing agent selected from the group             
          consisting of dihydroxybenzenes 3-pyrazolidones, and amino-                 
          phenols” which language, according to appellants, unequivocally             
          indicates that the developer baths of the claim comprise the                
          recited developing agents.  See the Reply Brief at page 9.  It is           
          reasonably clear, however, that such claim language does not                
          require that the developer prebaths contain the recited                     
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