Ex parte COPPENS et al. - Page 2




          Appeal No. 1997-1537                                                        
          Application No. 08/290,116                                                  

               The subject matter on appeal relates to a sealed package               
          of at least two sheets of an imaging element characterized in               
          that the package contains between each sheet of the imaging                 
          element a paper spacer containing less than 20 ppm by weight                
          of formaldehyde and having a pH of less than 9.  This appealed              
          subject matter is adequately illustrated by independent claim               
          3 which reads as follows:                                                   
               3. A sealed package of at least two sheets of an imaging               
          element in a packaging material, said imaging element                       
          comprising in the order given (i) a hydrophilic base, (ii) an               
          image receiving layer containing physical development nuclei,               
          (iii) an intermediate layer comprising a non-proteinic                      
          hydrophilic film-forming polymer or hydrophobic polymer beads               
          having an average diameter not lower than 0.2 Fm and having                 
          been prepared by polymerization of an ethylenically                         
          unsaturated monomer, and (iv) a photosensitive layer                        
          containing a silver halide emulsion being in water permeable                
          relationship with said image receiving layer, characterized in              
          that the surrounding of the imaging element in such a package               
          has at 22EC a relative humidity between 20% and 50% and that                
          said package contains between each sheet of the imaging                     
          element a paper spacer having a weight of more than 15 g/m ,2                 
          containing less than 20 ppm by weight of formaldehyde and                   
          having a pH of less than 9.                                                 
               The references relied upon by the examiner as evidence of              
          obviousness are:                                                            
          Sewall                   3,561,966                Feb.  9, 1971             
          Fessenden                     3,645,388                Feb. 29,             
          1972                                                                        
          Asano et al. (Asano)     3,652,278                Mar. 28, 1972             
          Akao      (Akao ‘906)         4,784,906                Nov. 15,             
          1988                                                                        
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