Ex parte TEXTER et al. - Page 8




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



                    Appealed method claims 1-11 and 18-25 also stand                  
          rejected for obviousness in view of the disclosures of Kojima.              
          We reverse this rejection.                                                  
                    As emphasized throughout the record, appellants’                  
          appealed method claims are directed to the development of a                 
          negative type silver halide photographic element.  In contrast,             
          Kojima’s disclosure is directed exclusively to direct-positive              
          image formation, direct-positive silver halide emulsions, and               
          direct-positive developing and processing methods.  Particularly            
          see Kojima at column 23, lines 47-53.                                       
                    As explained in the Texter declaration filed                      
          July 5, 1994 entitled “NEGATIVE/DIRECT-POSITIVE DECLARATION,”               
          negative-type silver halide emulsions are comprised of silver               
          halide grains which principally form latent images at surface               
          sites, since surfaces have the greatest concentration of defects            
          suitable for latent image stabilization, for normal silver halide           
          grains.  Thus, when negative-type emulsions are exposed and                 
          developed, the predominant development is surface development.              
          On the other hand, Texter explains in the declaration that                  
          direct-positive type silver halide emulsions are comprised of               
          silver halide grains that principally form latent image at sites            
          interior to the grain.  Thus, Texter concludes that negative-               
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