Appeal No. 1996-3955
Application 08/170,601
of resolving patentability issues to avoid piecemeal appellate
review. In the interest of administrative and judicial
economy, this course is appropriate wherever reasonably
possible. See Ex parte Saceman, 27 USPQ2d 1472, 1474 (Bd.
Pat. App. & Int. 1993); Ex parte Ionescu, 222 USPQ 537, 540
(Bd. App. 1984).
In the present case, we consider such a reasonable,
conditional interpretation to be possible. This
interpretation is that “balanced according to a diffusion-
transfer-controlled convoluted eye-response” means that the
cyan, magenta and yellow heat diffusible dye-forming couplers
are balanced in any manner which provides the neutral image
required by the preamble of claim 1.
Rejection under 35 U.S.C. § 103
Appellants argue that the alkali insolubility and heat
transferability of appellants’ diffusible-dye-forming couplers
set them apart from the couplers of Cole, Hara, Peters and
Schenk
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