Appeal No. 95-2765
Application 08/025,474
that Kojima may use a nucleating agent, as described at column
17, line 1, to column 19, line 40, in a “chemical fogging method”
by incorporation of the nucleating agent into a developer bath or
prebath (column 16, lines 44-49). However, Kojima preferably
incorporates the nucleating agent into the light-sensitive
material, not the bath or prebath, when “chemical fogging”
(column 16, line 49), and Kojima apparently requires no
nucleating agent in the developer bath or prebath when following
an “optical fogging method” (column 15, line 58, to column 16,
line 2, and Kojima claim 16). Accordingly, we agree with the
examiner that Kojima suggests the use of a developer prebath or
developer bath that does not contain a nucleating agent capable
of chemically fogging a negative-type silver halide emulsion.
With respect to the negative limitation in the appealed
composition claim that the developer prebath or developer bath
does not contain any iron (III) ion complex salt having bleaching
activity, Kojima teaches that bleaching agents such as Fe(III)
are preferably used in a separate bleaching step by incorpora-
tion into a bleaching bath or bleaching prebath. See Kojima at
column 24, lines 4-63. Accordingly, for Kojima’s purposes, i.e.,
the development of black and white direct-positive photographic
materials, bleaching agents are employed in separate compositions
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