Appeal No. 95-2765
Application 08/025,474
halide photographic element as clearly recited in the method
claims on appeal. Accordingly, the examiner has failed to
establish a factual basis to support a legal conclusion that it
would have been obvious within the meaning of 35 U.S.C. § 103 to
use the Kojima developer prebaths or developer baths in a process
or development of a negative-type silver halide photographic
element. We, therefore, reverse the examiner’s rejection of the
appealed method claims based on the disclosures of Kojima.
THE REJECTION OF THE APPEALED COMPOSITION CLAIMS OVER ALTLAND
Appealed composition claims 12-14, 16, and 17 are also
rejected under 35 U.S.C. § 103 over Altland. We also reverse
this rejection.
Although Altland discloses aqueous compositions of
triazolium thiolate, for Altland’s purposes, such compositions
are either used for fixing or stabilization. When used as a
fixing composition (fixing bath), Altland describes a composition
which contains 70 X 10 moles/L in triazolium thiolate-3
concentration, i.e., a composition that contains 70 times the
amount of triazolium thiolate than the amount defined by the
appealed claims. Further, appellants have provided evidence in
the declaration executed June 15, 1994 by Texter that a fixing
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