Appeal No. 1998-1276
Application No. 08/232,339
color photographic materials, we agree with the examiner that
it would have been obvious for one of ordinary skill in the
art to add the relevant polymeric stabilizer of Kuse to the
color developer of Fujimoto. While appellants maintain that
Kuse teaches that the pertinent polymer must be used in
combination with another polymer, and, therefore, "one of
ordinary skill in the art would not have been motivated to add
only one polymer to the developing solution disclosed in
Fujimoto" (page 12 of principal brief, first paragraph), the
examiner has properly explained that the claim language on
appeal does not exclude other polymer stabilizers in addition
to those recited. Hence, appellants' argument is not germane
to the claimed subject matter on appeal.
Appellants rely upon the Declaration under 37 CFR § 1.132
by Takatoshi Ishikawa, one of the present inventors, to
demonstrate unexpected results. However, we agree with the
examiner that the declaration evidence is hardly commensurate
in scope with the degree of protection sought by the appealed
claims. In re Grasselli, 713 F.2d 731, 743, 218 USPQ 769, 778
(Fed. Cir. 1983); In re Clemens, 622 F.2d 1029, 1035, 206 USPQ
289, 296 (CCPA 1980). We say this because the Declaration is
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