Appeal No. 1995-2781
Application No. 07/804,868
Otani describes heat developable photographic elements
used in color image forming. Otani discloses silver halide
light sensitive layers (Column 3); dye emitting compounds (see
Columns 3-4); binders (Columns 59-61); and high boiling point
solvents (Columns 32-43). Otani column 43 describes four
compounds which are said to meet the thermal solvent required
by claims. (Examiner’s Answer, page 5, last paragraph).
Otani does not disclose the calculated logP for the solvents
or the importance of solvents not washing out during aqueous
development.
According to the Examiner, Otani teaches the use of
compounds embraced by the language of Sakaguchi as heat
melting solvents. (Examiner’s Answer, page 5, last
paragraph). The Examiner asserts that it would have been
obvious to use hydroxy derivative of the compounds disclosed
by Sakaguchi with a reasonable expectation that these
compounds would function to aid to transfer and improve dye
stability. (Examiner’s Answer, paragraph bridging pages 5 and
6). The Examiner has not directed us to a basis to combine
the solvents of the references and to select a solvent with
the calculated logP required by claims 1 and 33. There is no
suggestion to go to the solvents in Otani and select the
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