Ex parte POSLUSNY et al. - Page 10




              Appeal No. 1997-3701                                                                     10                
              Application No. 08/141,457                                                                                 


              Negoro discloses color photographic material having a layer with the requisite                             

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

              and column 2, line 21 to column 3, line 16.  We find that compounds comprising the                         

              requisite sulfide, sulfoxy, or sulfone moieties, provide a dye image having greatly                        

              improved fastness to light and do not suffer from a change in color balance by the fading                  

              of the three colors of yellow, magenta and cyan.  See column 1, line 64 to column 2,                       

              line 6.  Negoro, in reference to other patent publications that, “can be preferably                        

              applied,” to his invention equates antifading agent with image stabilizers.  See column                    

              40, lines 34-36 and the Table bridging columns 41 and 42.  Accordingly, we conclude                        

              that the compounds                                                                                         

              disclosed by Negoro function as stabilizers as required by each of the primary references.                 

              Furthermore, the magenta couplers include 5-pyrazolones.  See column 30, lines 46-51.                      

              The proportions of compounds (I), (II), and (III), sulfides, sulfoxys, and sulfones utilized               

              is disclosed at column 35, lines 57-63 and overlap those of the claimed subject matter.                    

              See claims 21 to 22.                                                                                       

              J63/220142 is directed to a method for improving color photographic images.                                

              See page 7.  This object is achieved by the addition of sulfur containing compounds                        

              utilized in conjunction with photographic material and processing.  Id.  We find that                      

              sulfoxy and sulfone containing compounds are disclosed which are within the scope of                       







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