Appeal No. 1997-3361
Application No. 08/554,939
and combining various disclosures not directly related to each
other by the teachings of the cited reference. ” In re Arkley,
455 F.2d 586, 587, 172 USPQ 524, 526 (CCPA 1972); cf. In re
Schaumann, 572 F.2d 312, 315, 316, 197 USPQ 5, 8, 9 (CCPA 1978)
(holding that “the disclosure of a chemical genus...constitute[s]
a description of a specific compound ” within the meaning of
§102(b) where the specific compound falls within a genus of a
“very limited number of compounds. ”).
Applying these legal principles to the facts of this case,
we determine that the examiner’s rejection under 35 U.S.C. § 102
relies heavily on “picking, choosing, and combining various
disclosures not directly related to each other by the teachings
of the cited reference.” Specifically, Kojima ‘370 describes a
method of processing an imagewise exposed silver halide color
photographic material, said photographic material comprising a
support having thereon at least one light-sensitive silver halide
emulsion layer, comprising the steps of developing in a
developing bath, bleaching in a bath having a bleaching ability,
and fixing in a bath having a fixing ability. 4 (Column 2, line
4 Kojima ‘370 discloses that the bleaching and fixing steps
are known collectively as a “desilvering step.” (Col. 1, ll. 20-
33.) This is consistent with the appellants’ definition of
“desilvering.” (Specification, p. 16, ll. 11-25.) In any event,
Kojima ‘370 also teaches a bleach-fixing composition containing,
inter alia, at least one compound of formulae (A), (B), and (C).
6
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