Ex parte TANIGUCHI et al. - Page 11




          Appeal No. 1997-3787                                                          
          Application No. 08/275,241                                                    


          photograph development time.  The above-mentioned improvements                
          have resulted from a showing which is reasonably commensurate                 
          in scope with the appealed claims (elected species).  See In                  
          re Chupp, 816 F.2d 643, 646-47, 2 USPQ2d 1437, 1440 (Fed. Cir.                
          1987).  These improvements are not taught, nor shown to be                    
          reasonably expected, by the applied prior art, Haijima.                       
               In view of the foregoing, the decision of the examiner is                
          reversed.                                                                     


                                       REVERSED                                         



          CHUNG K. PAK                 )                                                
                    Administrative Patent Judge  )                                      
                                                   )                                    
                                                   )                                    
                                                   )   BOARD OF PATENT                  
                    PAUL LIEBERMAN               )     APPEALS AND                      
                    Administrative Patent Judge  )    INTERFERENCES                     
                                                   )                                    
                                                   )                                    
                                                   )                                    
                    CATHERINE TIMM               )                                      
                    Administrative Patent Judge  )                                      

          CKP:hh                                                                        



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