Appeal No. 94-3359
Application 07/941,566
the same layer or in an adjacent layer a developer which is non-
diffusing and which developer bears a plurality of units which
are dihydroxy substituted benzenes (catechol, resorcinol or
hydroquinone). The dihydroxy substituted benzene moieties on the
non-diffusing developer may be pendant groups attached to a
polymeric backbone (claims 1 through 6 and 9 through 12) or the
dihydroxy substituted benzene moieties may be repeating units
which actually form part of the polymeric backbone of the non-
diffusing polymeric developer (claims 7 and 8).
In their specification and at page 4 of their brief,
appellants discuss the various prior art solutions to the problem
of preventing the developer from migrating from the emulsion
layer where it is placed. The prior art resolved this problem
by: using so-called "ballasted" reducing agents; rendering the
"photographically useful" group non-diffusing by crosslinking;
and, by incorporating the developer in the emulsion layer in the
form of a non-diffusing resin, for example. In discussing the
method whereby polymers bearing units having two or more hydroxy
substituents are incorporated into the emulsion layer, appellants
cite and discuss the Minsk reference cited above for the
recognized use of "ballasted" developers in silver halide
emulsions but apparently conclude because Minsk is directed to
silver halide emulsions containing color couplers a person of
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