Appeal No. 95-4747
Application No. 08/063,297
modify the photographic materials of any of Sakai, Sasaki I or
Sasaki II to include a non-photosensitive colloid layer
containing at least one ultraviolet absorption agent, at least
one water insoluble polymer compound, and a gelatin having an
isoelectric point of at least 6.0 in the position as claimed.
In this regard, we note that even if the applied reference
teachings and asserted "common knowledge" would have rendered
the use of a separate non-photosensitive layer containing a
water insoluble polymer compound in any of Sakai, Sasaki I or
Sasaki II prima facie obvious, that combination of layers
would not result in the claimed photographic material wherein
the specified at least one ultraviolet absorption agent is
present in the same layer as the water insoluble polymer
compound and the gelatin having an isoelectric point of at
least 6.0.
To establish a prima facie case of obviousness, an
examiner must explain why the teachings from the prior art
itself would have suggested the claimed subject matter to one
2(...continued)
short of a specific denial of each of the facts asserted by
the examiner. See In re Fox, 471 F.2d 1405, 1407, 176 USPQ
340, 341 (CCPA 1973).
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