Ex parte JEZEQUEL et al. - Page 6




                 Appeal No. 1997-1663                                                                                     Page 6                        
                 Application No. 08/448,053                                                                                                             


                 method limitations  regarding reactant introduction.  However,2                                                                                                     
                 the examiner has not explained how the referenced portions of                                                                          
                 these applied patents teach and necessarily describe that a                                                                            
                 halide salt solution is introduced separately and less than 30                                                                         
                 mm from a silver nitrate solution introduction, each                                                                                   
                 introduced at a rotating mixer inlet surface that is connected                                                                         
                 to a rotating mixer outlet surface via at least one flow                                                                               
                 channel extending therebetween so as to obtain silver halide                                                                           
                 grains having a thickness of 0.145 microns.  We note that an                                                                           
                 indication that the applied references teach "close together"                                                                          
                 (answer, page 4), without a more specific analysis, simply                                                                             
                 does not anticipate 30 mm or less.                                                                                                     
                          Indeed, the particular portions of the figures and/or                                                                         
                 written disclosures of each of the separately applied                                                                                  
                 references which the examiner would regard as corresponding to                                                                         
                 each of the above-noted claim limitations, such as the                                                                                 

                          2We are cognizant that appealed claim 3 does not require                                                                      
                 a 30 mm or less distance between silver nitrate solution and                                                                           
                 halide salt solution introductions but rather the mixing of                                                                            
                 these solutions prior to introduction at the inlet surface of                                                                          
                 the mixer. However, the examiner similarly does not carry the                                                                          
                 burden of explaining how any of the applied references                                                                                 
                 anticipate under  102 or render obvious, within the meaning                                                                           
                 of  103, the subject matter of claim 3.                                                                                               







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