Ex parte PHILIP et al. - Page 4




            Appeal No. 95-3624                                                                             
            Application No. 08/150,465                                                                     


            (dry) system) and leave a stain during the processing.  See                                    
            Answer, pages 3                                                                                
            and 4.  To remedy these deficiencies, the examiner asserts                                     
            (Answer, pages 3 and 4) that                                                                   
                         it has been common in the art to use the                                          
                  antihaltion [sic, antihalation] dyes in both [the                                        
                  wet] photographic material and [the dry]                                                 
                  photographic material for halation prevention and                                        
                  irradiation prevention. . . .                                                            
                         . . . the stain found in the wet processing                                       
                  which caused by the wet processing would not have                                        
                  been expected to be found in the dry processing.                                         
                  The problem associated with the use of the infrared                                      
                  absorbent in the photothermographic material is not                                      
                  the stain found after dry processing, but the color                                      
                  of the dyes in the infrared absorbing layer which                                        
                  causes undesirable high back ground density (Dmin).                                      
                  The above assertions, however, are unsupported by or                                     
            negated by the evidence proffered by the examiner himself.                                     
            First, the very prior art relied upon by the examiner, namely                                  
            Lea, appears to contradict the examiner’s position regarding                                   
            the use of a chemical compound useful for an antihalation dye                                  
            from a wet photographic system as the antihalation dye for a                                   
            dry photographic system (silver halide photothermographic                                      
            imaging material).  Specifically, the Lea reference states                                     
            (column 1, line 58 to column 2, line 11) that:                                                 


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