Appeal No. 1997-3701 8
Application No. 08/141,457
couplers of Examples (12), (13) and (15) fall within the scope of the claimed subject
matter. See columns 15-16. Ogawa discloses that “[f]or the purposes of preventing fog
or stabilizing the photographic properties during preparation, storage, and/or
photographic
processing of the photographic light-sensitive material, a variety of compounds can be
incorporated into photographic emulsions.” See column 24, lines 62-66.
However, each of the references to Ichijima, Lestina, and Ogawa lack a compound
within the scope of formula (VI), (VII), or (VIII) of the claimed subject matter directed
to sulfides, sulfoxides, or sulfones respectively.
The examiner appropriately relies upon references to Rody ‘271, Rody ‘665,
Negoro, J63/220142, Lok, Fuseya, Okamura, or J61/250641 for their disclosure of a
stabilizing compound within the scope of the claimed subject matter. Moreover, many of
the secondary references disclose magenta layers comprising pyrazolone couplers in
combination with a stabilizer.
Specifically, Rody ‘271 discloses tetrahydrothiopyran compounds effective as
stabilizers for dyes and dye couplers in photographic layers, each of the
tetrahydrothiopyran compounds having the requisite sulfide, sulfoxy, or sulfone moieties
required by the claimed subject matter. See Abstract and column 2, lines 6-18. Rody
‘271 discloses that magenta dyes and couplers in and of themselves are not sufficiently
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