Appeal No. 94-3359
Application 07/941,566
Any substance which in water solution is
bitter, more or less irritating or
caustic to the skin, turns litmus blue,
and has a pH value greater than 7.0. See
also base; pH; alkali metal.
Accordingly, we find the examiner's interpretation of the
limitation in question to be unreasonable in view appellants'
disclosure, the state of the art and general principles of
chemistry.
THE PRIOR ART REJECTIONS
We shall affirm the examiner's rejection of claims 1
through 4, 7 and 9 through 12 under 35 USC 102(b) as being
anticipated by Scullard. Notwithstanding appellants' argument
that the resorcinol-containing polymers of Scullard are described
at column 2, lines 4 through 9 as not being silver halide
developing compositions, appellants' claims include the compounds
described by Scullard.
In appellants' claim 1, the hydroxy substituents, "Z",
attached to the benzene moiety are floating substituents. That
is, the hydroxy substituents in appellants' claims may be
attached at any of the five available positions, including the 1-
and 3-positions. Accordingly, appellants claims embrace polymers
having attached thereto the 1,3-dihydroxy benzene (resorcinol)
moieties described by Scullard. Appellants drafted their claims
to include 1,3-substituted benzene (resorcinol) moieties and the
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