Ex parte VAN DEN ZEGEL et al. - Page 7




                Appeal No. 1997-1834                                                                             Page 7                  
                Application No. 08/267,527                                                                                               


                spectrally sensitized silver halide emulsions, such as silver bromide or silver iodide, contained in a silver            

                halide photographic material.  The Examiner further indicates that the use of the polyoxyethylene                        

                compounds to accelerate development of silver halide emulsions was also common knowledge in the                          

                prior art.   The Examiner logically concludes that it would have been obvious to one of ordinary skill in                

                the art at the time the invention was made to use the polyoxyethylene compounds of Pollet in the                         

                photographic material of Dickerson to obtain the advantages described by Pollet in the photographic                      

                material of Dickerson (Answer, pages 6 and 8).                                                                           

                        In traversing the Examiner’s rejection, Appellants argue that there is no reason why one skilled                 

                in the art would utilize the compounds of Pollet in the process of Dickerson (Brief, page 8).  We note,                  

                however, that the Examiner articulated logical reasons why one of ordinary skill in the art would have                   

                made the combination.  Namely, Pollet specifically describes the polyoxyethylene compounds as                            

                accelerating or activating the development of exposed silver halide elements.  Therefore, one of                         

                ordinary skill in the art of photographic material manufacture would have incorporated the                               

                polyoxyethylene compound of Pollet into the photographic material of Dickerson to accelerate and/or                      

                activate development.                                                                                                    

                        Appellants list twenty patents which they argue disclose accelerating thioether compounds in                     

                silver halide materials.  Appellants state that the fact that these twenty patents all disclose thioether                

                accelerators in other silver halide materials emphasizes that there is no reason to utilize the thioether                









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