Appeal No. 1997-3701 15
Application No. 08/141,457
aliphatic, aromatic and sulfur containing heterocyclic compounds. Conservatively,
formulas
(VI), (VII), or (VIII) read on thousands of compounds which fall within the scope of each
formula. In comparison, Tables 1, 3 and 4 are devoid of any examples directed to a
species of sulfide. Only Table 2 contains a single species of sulfide designated as S . See
2
specification, page 14. This compound di–lauryl sulfide, is utilized once, in Table 2.
Similarly, Table 1, 2 and 4 are devoid of any examples directed to a sulfone compound.
Only Table 3 is directed to a single species of sulfone designated as S , bis-4,4'-dimethyl
9
phenyl sulfone. See specification, page 15. This compound is only utilized once in
Table 4 and then in conjunction with a second solvent, B , oleyl alcohol. Accordingly, it
2
cannot be determined whether the unexpected results obtained by appellants are a result
of the specific sulfide and sulfone compound utilized by the appellants or could be
expected for each compound within the generic formulas directed to sulfides and
sulfones as a whole.
In addition, claim 2, directed to a photographic element comprising a magenta
coupler and a sulfide, a sulfoxide or a sulfone compound, is devoid of any proportions
for either the coupler or the sulfur compound. Furthermore, we find that the
specification discloses only two ratios of coupler to solvent. As stated in the
specification, “aqueous dispersions were prepared by adding an oil phase containing 1.0
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