Ex parte TEXTER et al. - Page 8

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

            (brief, page 9), and that these references disclose use of                                        
            aqueous alkaline diffusion transfer dyes which Masukawa                                           
            indicates would not work in appellants’ elements and process                                      
            (reply brief, page 6).  Thus, appellants argue, one of                                            
            ordinary skill in the art would have been led away by Cole,                                       
            Hara, Peters and Schenk from using appellants’ dyes (reply                                        
            brief, pages 6-7).  Appellants further argue that the dye                                         
            immobilization during the aqueous dye transfer of Cole, Hara,                                     
            Peters and Schenk occurs essentially chemically irreversibly                                      
            due to very strong charge and dipole interactions between the                                     
            solubilizing groups of the diffusing dyes and the cationically                                    
            charged groups of the receiving layer image fixing polymer,                                       
            whereas appellants’ dye diffusion transfer does not have this                                     
            irreversibility and is more like an equilibrium, depending                                        
            more on the relative solubility of diffusible dye in the                                          
            receiving polymer relative to the thermal solvent loaded                                          
            hydrophilic binder of the image dye forming layers (reply                                         
            brief, page 8).  Consequently, appellants argue, appellants’                                      
            system and those of these references are chemically and                                           
            mathematically diffusionally distinguishable so that balancing                                    
            in the systems of these references would not have led                                             

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