Appeal No. 1998-1276
Application No. 08/232,339
Appellants state at page 3 of the principal brief that
"the pending claims rise or fall together." Accordingly, all
the appealed claims stand or fall together with claim 17.
We have thoroughly reviewed each of appellants' arguments
for patentability, as well as the declaration evidence relied
upon in support thereof. However, we are in complete
agreement with the examiner that the claimed subject matter
would have been obvious to one of ordinary skill in the art
within the meaning of § 103 in view of the applied prior art.
Accordingly, we will sustain the examiner's rejection for
essentially those reasons expressed in the Answer, and we add
the following primarily for emphasis.
Appellants contend at page 4 of the principal brief that:
Fujimoto and JP <742 do not disclose or
suggest a silver halide color photographic
material comprising one or more light-
sensitive silver halide emulsion layers, at
least one layer of which contains a
monodisperse emulsion of silver
bromochloroiodide, silver chloride or silver
bromochloride grains containing about 30 mol%
or less of silver bromide and having a ratio
S/r of 0.20 or less, where the coating amount
of silver in the photographic material is
0.75 g/m or less.2
However, we agree with the examiner that this statement is not
factually correct.
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