Ex parte TEXTER et al. - Page 5

            Appeal No. 1996-3955                                                                              
            Application 08/170,601                                                                            

                   receiver, binder types and levels, receiver                                                
                   polymers, thermal solvent types, levels, and                                               
                   distributions, etc.) when developed according to                                           
                   process k (eg., developer type, developer, stop,                                           
                   wash processing sequence) and heated according to                                          
                   regimen l (eg., time, temperature, pressure                                                
                   conditions), D , to the density of dye j generated                                         
                   in imaging layer i during the process k, G :                                               
                       D  = T  x G              Eqn. (1)ijkl  ijkl  ijk                                                   
                   These transfer coefficients provide practical guides                                       
                   and means by which to design formulations and                                              
                   processes by which to adequately “balance” the                                             
                   placement, relative amount, and distribution of                                            
                   cyan, magenta, and yellow dye-forming couplers.                                            
                   The disclosed factors for use in calculating the transfer                                  
            coefficients are not specified.  Instead, only examples of the                                    
            factors are given.  Thus, these factors appear to be                                              
            arbitrary.  Also, any arbitrarily selected enhanced visual                                        
            discrimination criteria can be used to determine the transfer                                     
            coefficients.  Because the basis for the determination of the                                     
            transfer coefficients is so vaguely stated in the                                                 
            specification, it is not possible to determine the scope of “a                                    
            diffusion-transfer-convoluted eye-response” in claim 1.  This                                     
            is not a case in which such a term is merely broad.  Breadth                                      
            does not necessarily render a claim indefinite.  See In re                                        
            Gardner, 427 F.2d 786, 788, 166 USPQ 138, 140 (CCPA 1970)                                         


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