Ex parte POSLUSNY et al. - Page 9




              Appeal No. 1997-3701                                                                       9               
              Application No. 08/141,457                                                                                 


              fast to light and there is thermal instability in magenta couplers when stored in the dark.                

              See column 1, lines 56-58.  We find that the magenta layers to which the stabilizers of                    

              Rody ‘271 are added contain pyrazolone couplers.  See column 20, lines 62 to column                        

              21, line 65.  Moreover, we find that the pyrazoline group disclosed by Rody ‘271                           

              includes pyrazolone compounds that fall within the scope of the claimed subject matter                     

              such that  when R  is aryl, Q’ is a group bonded to the pyrazole ring via O, and R  is16                                                         17                      
              alkyl, pyrazolone compounds are present which are within the scope of the claimed                          

              subject matter.  Id.                                                                                       

              Rody ‘665 similarly discloses tetrahydrothiopyran compounds having the requisite                           

              sulfide, sulfoxy, or sulfone moieties required by the claimed subject matter.  See Abstract                

              and column 1, lines 5-40.  These compounds function as stabilizers for color                               

              photography recording materials.  See column 1, lines 6-7, column 11, lines 62-66 and                      

              column 12, lines 15-17.  The proportion of stabilizer added is disclosed at column 12,                     

              lines 30-34. We find that the addition of the aforesaid stabilizers to magenta couplers is                 

              disclosed at                                                                                               

              column 16, line 62, to column 18, line 48.  The magenta couplers disclosed include 1-                      

              aryl-5-pyrazolones.  See column 16, lines 62-63.  For the same reasons discussed supra,                    

              with respect to Rody ‘271, the magenta couplers disclosed includes pyrazolone couplers                     

              within the scope of the couplers of the claimed subject matter.  Id.                                       







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