Ex parte ISHIKAWA et al. - Page 5




          Appeal No. 1998-1276                                                        
          Application No. 08/232,339                                                  


               Indeed, Fujimoto discloses a silver halide color                       
          photographic material comprising a monodisperse emulsion of                 
          silver chloride grains containing less than 30 mol% of silver               
          bromide, having a ratio S/r of 0.20 or less, wherein the                    
          coating amount of silver in the photographic material is less               
          than 0.75 g/m .  In particular, Fujimoto discloses that the2                                                              
          silver chloride content of the emulsion is not less than 80                 
          mol% and that the emulsion may contain minor amounts of silver              
          bromide, which amount, of course, meets the claimed amount of               
          less than 30 mol% (see column 15, lines 12-20).  Fujimoto also              
          discloses that it is preferred to employ a monodisperse silver              
          halide emulsion                                                             
          (column 15, lines 41 and 42), and that "the value (variation                
          factor) found by dividing the standard deviation of the grain               
          size distribution curve of the emulsion by the average grain                
          size is not more than 20 percent and, preferably, not more                  
          than 15 percent" (column 15, lines 42-46).  The examiner has                
          made the factual determination that Fujimoto's variation                    
          factor of less than 20% meets the claimed ratio S/r of 0.20 or              
          less.  We note that while appellants make reference to the                  
          examiner's factual determination at page 2 of the Reply Brief,              

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