Appeal No. 94-3359
Application 07/941,566
Scullard.
The examiner has expressly withdrawn the rejection of
claim 5 under both 35 USC 102 and 35 USC 103 from consideration
at page 7 of his answer. Claim 6 depends, alternatively, from
either claim 3 or claim 5. To the extent claim 6 depends on
claim 5, that claim, claim 6(5), is considered to be withdrawn by
the examiner from both the rejection under 35 USC 102 and 35 USC
103. Claim 3, however, depends on claim 2 which depends on claim
1. Thus, claim 6(3) claims an element according to claim 3 and
wherein the groups represented by "Z" are in the ortho- or para-
positions. That is, the polymer does not bear a group with a
resorcinol (1,3-dihydroxy benzene) moiety affixed thereto.
Scullard, as we have stated above in our analysis under 35 USC
102, is directed to polymers with pendant resorcinol groups
attached thereto and useful as in photographic elements as non-
diffusing components thereof. Therefore, the rejection of claim
6(3) under 35 USC 102 is reversed.
Claim 8 ultimately depends on claim 1 and describes a
particular polymeric unit not described by Scullard.
Accordingly, claim 8 is not anticipated by Scullard and the
examiner's rejection of that claim is also reversed.
Alternatively, the examiner has rejected the same
claims as he rejected under 35 USC 102(b) but under 35 USC 103
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