Ex parte BAILY et al. - Page 14




          Appeal No. 1995-2781                                                        
          Application No. 07/804,868                                                  
          thermal solvent of appealed claim 1 does not expressly recite               
          the inclusion of a dispersion aid.  That is, patent claim 1                 
          comprises a thermal solvent dispersion which includes a                     
          dispersing aid which is not recited by the appealed claim 1.                
               To remedy the difference between the subject matter of                 
          appealed claim 1 and patent claim 1, the Examiner relies on                 
          Chari.  Chari describes stable dispersions of photographic                  
          coupler materials which are incorporated in photographic                    
          systems.  (Column 1, lines 6-9).  The photographic system of                
          Chari is said to include combining a permanent solvent                      
          dispersion and a coupler dispersion.  (See figure 1 and column              
          3, lines 47-64).  Chari discloses, prior to his invention, the              
          separate dispersions were prepared by milling or                            
          homogenization and therefore required the use of large amounts              
          of energy.  (Column 1, lines 51-56).  The coupler dispersion                
          is said to be combined with a compatible solvent which serves               
          to activate the coupler.  Chari describes solvents which meet               
          the thermal solvent required by the appealed claims.  (See                  
          columns 9-13).  Chari discloses the solvent dispersion is                   
          formed with the use of a dispersion aid and without the use of              
          mechanical operations, such as milling or homogenization.                   
          (Column 3, lines 39-42).  Chari states prior to his invention,              
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