Ex parte TEXTER et al. - Page 9

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

            one of ordinary skill in the art to the balancing in                                              
            appellants’ element and process.  See id.  Appellants argue,                                      
            in reliance upon Bailey, that JP ‘751 teaches away from using                                     
            appellants’ thermal solvents (reply brief, pages 9-10) and,                                       
            with respect to claims 2 and 3 and the claims which depend                                        
            therefrom, argue that this reference teaches away from                                            
            eliminating bleaching and fixing steps (reply brief, pages 8-                                     
                   The examiner argues that because the combined teachings                                    
            of Hara, Schenk, Peters and Cole show that either color or                                        
            black and white dye transfer images may be formed by diffusion                                    
            transfer processes, including both wet processes and heat                                         
            development of silver halide elements to form transferable                                        
            dyes, and Hara discloses the advantage of using heat transfer                                     
            of dyes to form black and white images free of residual silver                                    
            or silver halide, it would have been obvious to one of                                            
            ordinary skill in the art to use balanced mixtures of heat                                        
            diffusible dye forming compounds of Texter for forming black                                      
            and white transfer images not containing silver or silver                                         
            halide (answer, pages 5 and 8).  The examiner argues that                                         

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