Ex Parte ISHIKAWA et al - Page 9




         Appeal No. 1997-3361                                                        
         Application No. 08/554,939                                                  


         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.  Also, as discussed above, Kojima             
         ‘370 teaches that the fixing bath can contain compound B-8, which           
         is the appellants’ elected species I-5, as well as a known fixing           
         agent such as a thiosulfate in relative amounts encompassed by              
         appealed claim 1.  Moreover, Kojima ‘370 describes working                  
         examples (e.g., Table 1, Nos. 11 and 12) showing a method                   
         comprising developing an image-wise exposed silver halide color             
         emulsion photographic material and bleach-fixing the photographic           
         material in a solution containing 0.5 mol of compound B-3, which            
         falls within the scope of appealed claim 1.  (Example 1.)  Thus,            
         we determine that it would have been prima facie obvious for one            
         of ordinary skill in the art to carry out the process as                    
         described in Kojima ‘370 using a fixing bath (or bleach-fixing              
         bath) containing, e.g. 0.5 mol/liter of compound B-8 (or B-3) and           
         2 mol/liter of a thiosulfate, as expressly described in the                 
         reference, so as to arrive at a method encompassed by appealed              
         claim 1, with the reasonable expectation of achieving all of the            
         objects as described in Kojima ‘370.  (Column 2, lines 41-65.)              





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