Appeal No. 1997-3701 16
Application No. 08/141,457
4
g of coupler, 1.0 gram of either B1, or S1.” See specification, page 29. A single
additional ratio is disclosed in Table III wherein a single coupler identified as A1 is mixed
in a 1:1 ratio with one solvent or a mixture of two solvents each being present in an
amount of one half of the total solvent present in the mixture. Accordingly, at most we
have a single coupler mixed in a ratio of 1:0.5 to 1.0. In accord with our findings
above, it cannot be determined whether the unexpected results obtained by appellants
are a result of the specific ratios of sulfide, sulfoxide and sulfone compounds utilized by
the appellants or would be expected regardless of the ratios of any coupler to any sulfide,
sulfoxide, or sulfone compound within the scope of the claimed subject matter.
As to claims 21 and 22 directed to specific weight ratios of the coupler to sulfide,
sulfoxide or sulfone, the sole ratio directed to a sulfone is 1:0.5, the sole ratio directed
to a sulfide is 1:1, and the only ratios directed to a sulfoxide is 1:0.5 and 1 to 1. Claim
21 requires that, “the weight ratio of coupler Ia or Ib to the sulfide, sulfoxide or sulfone
is from 1:0.5 to 1:5.” Since the data shows only one value for two of the species and
only a second value with respect to the third species, the evidence presented is not
commensurate in scope with the claimed subject matter. Further, the same analysis
applies to claims 22. A showing with respect to only one or two specific ratios is
insufficient to meet the scope of the claimed subject matter. As above, it cannot be
4B1 is tritolyl phosphate. See specification, page 29.
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