Ex parte WALLIS et al. - Page 26




          Appeal No. 94-3359                                                          
          Application 07/941,566                                                      
          ordinary skill in the art would not have been motivated to use              
          the Minsk compounds as "a primary developer for black and white             
          silver halide photographic materials."  We disagree.                        
                    There is no doubt but that Minsk discloses the very               
          same compounds, used as silver halide developers in the Minsk               
          invention, as appellants claim here as useful for developing                
          silver halide emulsions.  That is, Minsk discloses non-diffusing            
          developers for incorporation in color photographic silver halide            
          emulsion layers.  For the developer of claim 5 and claim 6(5),              
          see column 3, lines 29 through 35.  For the developer of claims 7           
          and 8, see column 3, lines 55 through 65.                                   
                    The only difference between the subject matter claimed            
          by appellants and the invention described by Minsk is that                  
          appellants claim a silver halide emulsion photographic element              
          for use in black and white photography.  Nonetheless, the                   
          fundamental chemistry involved in the development of photographic           
          images by silver halide emulsion technology is the same for black           
          and white photography and color photography - the developer                 
          reduces silver halide to elemental silver leaving a latent image            
          and the developer, thus, becomes oxidized.                                  
                    We are satisfied that a person of ordinary skill in the           
          art knowing from the Minsk disclosure that developers may be                
          anchored in the emulsion layer where they are placed by using               

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