Ex parte HELLAND et al. - Page 2




          Appeal No. 1997-3485                                                        
          Application No. 08/431,734                                                  


               Claims 1 and 2 are representative of the subject matter                
          on appeal and read as follows:                                              
          1.   An infrared photosensitive element comprising:                         
          a support bearing an infrared radiation-sensitive silver                    
          halide material; and an antihalation layer comprising a basic               
          antistatic agent, an acid having a pKa less than 4.2 in an                  
          amount equal to at least 0.50 mole equivalent of acid to 1                  
          mole equivalent of base in said basic antistatic agent and                  
          sufficient antihalation dye to provide a transmission optical               
          density at the wavelength of maximum absorbance of said dye of              
          at least 0.05 to 3.0 after coating.                                         
               In support of his rejection, the examiner relies on the                
          following prior art references:                                             
          Habu et al. (Habu)            3,743,608           Jul.  3, 1973             
          Ishihara et al. (Ishihara)    3,811,887           May  21, 1974             
          Gomez et al. (Gomez)          5,380,635           Jan. 10, 1995             
                                                  (Filed Feb. 28, 1994)               
          Helland et al. (Helland)           5,395,747           Mar.  7,             
          1995                                                                        
                                                  (Filed Dec. 20, 1993)               
               Claims 1 through 30 stand rejected under 35 U.S.C. § 103               
          as unpatentable over the combined disclosures of Gomez,                     
          Helland, Ishihara and Habu.                                                 
               We reverse.                                                            
               The claimed subject matter is directed to a photographic               
          or  photothermographic element comprising a support and an                  
          antihalation layer.  See specification, page 1, together with               
          claims 1 and 2.  The antihalation layer contains a basic                    
                                          2                                           





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