Ex parte TEXTER et al. - Page 11




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



          bath with a triazolium thiolate concentration of 1.0 X 10-3                 
          moles/L is inoperable as a fixing bath.                                     
                    With respect to the examiner’s assertion that Altland             
          also describes the use of triazolium thiolate aqueous                       
          compositions for use as stabilizers, appellants point out that              
          when used as a stabilizer, the triazolium thiolates are                     
          restricted to use for incorporation into the silver halide                  
          element.  There is no factual support for the examiner’s implied            
          assertion that one would form a triazolium thiolate aqueous                 
          composition having a triazolium thiolate concentration in the               
          range claimed for that purpose.  Accordingly, we also reverse the           
          examiner’s separately stated rejection of the appealed                      
          composition claims for obviousness over Altland.                            
                    In summary, the examiner’s rejection of the appealed              
          composition claims over Kojima is affirmed.  The examiner’s                 
          rejection of the appealed method claims over Kojima is reversed.            
          The examiner’s rejection of the appealed composition claims over            
          Altland is reversed.  Accordingly, the decision of the examiner             
          is affirmed-in-part.                                                        
                    No time period for taking any subsequent action in con-           
          nection with this appeal may be extended under 37 CFR § 1.136(a).           
                                  AFFIRMED-IN-PART                                    
                                          11                                          





Page:  Previous  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next 

Last modified: November 3, 2007