Appeal No. 1997-3781 Page 2
Application No. 08/275,204
BACKGROUND
Appellants’ invention relates to a color photographic material. Claim 11 is illustrative:
11. A color photographic material comprising at least two color-forming units sensitive to
different regions of the spectrum each comprising a silver halide emulsion layer wherein the material
contains in at least one said silver halide emulsion layer, a ballasted sulphonhydrazide color developing
agent and a 3-pyridinol photographic color coupler capable of forming a magenta dye upon coupling
with the oxidized form of said developing agent, both incorporated therein in droplets of a high boiling
solvent.
The prior art references of record relied upon by the Examiner in rejecting the appealed
claims are:
Aoki et al. (Aoki) 5,260,177 Nov. 9, 1993
Clarke et al. (Clarke) 5,284,739 Feb. 8, 1994
Claims 2-9 and 11 stand rejected under 35 U.S.C. § 103 as being unpatentable over Clarke in
view of Aoki. We reverse substantially for the reasons articulated in the Brief and add the following for
emphasis.
OPINION
Clarke, as correctly pointed out by the Examiner, describes the color photographic material of
claim 11 except for the specified 3-pyridinol photographic coupler (Answer, pages 3 and 4). The
Examiner also correctly points out that Aoki describes a photographic material including a 3-pyridinol
photographic coupler and that Aoki even exemplifies one of the couplers used in Appellants’ invention
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