Ex parte BARBEE et al. - Page 6




          Appeal No. 95-2382                                                          
          Application 07/955,671                                                      


          Figures 5, 7 and 8 as it moves through the chilling chamber 17              
          (page 16, line 23-page 18, line 15).  EP ‘493 teaches that the              
          liquid material adheres to the surface of the web before “then              
          slowly gelling in a chilling chamber” (page 12, lines 3-7).                 
          Therefore EP ‘493, in the embodiment shown in Figures 5, 7 and 8,           
          discloses every limitation set forth in appealed claim 1.  As               
          noted above, the claims stand or fall together.  Accordingly, the           
          rejection of claims 1, 5, 6 and (1, 5, 6)/11-13 under 35 U.S.C.             
          § 102(b) in view of EP ‘493 is affirmed.                                    

               B.  The § 103 Rejection in view of EP ‘493                             
               The examiner states that, in addition to the features                  
          discussed in the rejection under § 102(b), EP ‘493 further                  
          teaches the conventional use of a bead coater and curtain coater            
          to apply photographic coatings, referring to Figures 2 and 3 and            
          pages 1 and 15.  The examiner concludes that it would have been             
          obvious to use the chilling of coated layers while facing                   
          downwards from EP ‘493 with conventional bead coating “because              
          ‘493 teaches that photographic layers can be chill set in a                 
          downwards facing manner in order to help provide a smooth and               
          defect free coating and that it is conventional to apply                    
          photographic layers by bead coating or curtain coating methods.”            


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