Appeal No. 95-3624
Application No. 08/150,465
Q is an ionic acidic moiety,
and M is a cation,
in an amount sufficient as to provide a transmission optical
density of at least 0.1 at the wavelength of maximum
sensitivity of said sensitized silver halide.
As evidence of obviousness, the examiner relies on the
following prior art references:
Lea 4,835,096 May 30,
1989
Ohno et al. (Ohno) 4,839,265 Jun. 13,
1989
Yoshida et al. (Yoshida) 5,153,112 Oct.
06, 1992
Claims 1 through 20 stand rejected under 35 U.S.C. § 103
as unpatentable over the combined disclosures of Lea and
either Ohno or Yoshida.
We reverse.
The examiner’s § 103 rejection is predicated on the
ground that it would have been obvious to use the antihalation
dyes described in Ohno or Yoshida as the antihalation dye for
the photothermographic element described in the Lea reference.
In maintaining the § 103 rejection, the examiner recognizes
that Ohno or Yoshida teaches that its antihalation dyes are
used in a wet photographic system (not a photothermographic
- -3
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