Appeal No. 1998-0189
Application 08/196,933
lines 31-33; and column 13, lines 4-7. Taylor teaches that the alkaline processing
composition is usually applied to a photoexposed diffusion transfer film unit. The
composition permeates the emulsion layers of the transfer film unit to initiate
development of the latent images therein. Column 12, lines 8-11; and column 13,
lines 22-26.
Both the examiner and the appellant ignore the fact that the processing
composition relied on by the examiner for the bases of her rejection is in the form of a
liquid. The examiner has not explained how such a liquid composition would be suitable
for receiving printed images, let alone rapidly absorbing images of an aqueous (liquid)
ink.
Accordingly, we find that the examiner has failed to establish a prima facie case
of anticipation. Rejection (6) is reversed.
NEW GROUND OF REJECTION UNDER 37 C.F.R. § 1.196(b)
We enter the following new grounds of rejection regarding the elected species
“pyrimidine” under the provisions of 37 C.F.R. § 1.196(b). We have not considered the
patentability of the other claimed species.
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