Ex parte ISHIKAWA et al. - Page 6




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


          second paragraph, appellants have chosen not to refute the                  
          finding of the examiner.  Accordingly, we will accept the                   
          examiner's finding as fact.  In addition, Fujimoto discloses                
          that the coating amount of the silver halide emulsion is in                 
                              2          2                                           
          the range of 0.8 g/m  to 0.3 g/m  of silver, which meets the                
          claimed amount of 0.75 g/m  or less.  Also, although not2                                                 
          argued by appellants, Fujimoto discloses the claimed chloride               
          ion content in the color developer of 0.035 mol/l or more                   
          (column 2, lines 10-12).                                                    
               As recognized by the examiner, Fujimoto does not disclose              
          the claimed polymer in the color developer.  However, in                    
          addition to disclosing preservative agents for the color                    
          developer, including a polymer, Fujimoto expressly teaches                  
          that the color developer may contain additional organic                     
          preservatives, meaning "any and all organic compounds which,                
          when added to a processing solution for color photographic                  
          light-sensitive materials, would reduce the rate of                         
          degradation of the aromatic primary amine color developing                  
          agent" (column 10, lines 63-67).  Hence, since Kuse discloses               
          a polymer which corresponds to appellants' elected species                  
          which stabilizes a color developing solution for silver halide              

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