Appeal No. 1998-1732
Application 08/608,321
chemically ripening the silver halide and
adjusting a ratio by weight of colloidal silica sol to
amount of silver halide, expressed as an equivalent amount of
silver nitrate, to a value of at least 0.03 at all times
during precipitation in a reaction vessel.
THE REFERENCES
Vandenabeele et al. (EP ‘092) 0 392 092 Oct. 17,
1990
(European patent application)
Vandenabeele (EP ‘961) 0 517 961 Dec. 16,
1992
(European patent application)
THE REJECTION
Claims 1-12 and 15-17 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over EP ‘092 in view of EP ‘961.1
OPINION
We reverse the aforementioned rejection. We need to
address only claim 1, the subject matter of which is included
in all of the claims.
1The examiner relies upon pages from an Aldrich catalog
(answer, page 6). This reference is not included in the
statement of the rejection and, therefore, is not properly
before us. See In re Hoch, 428 F.2d 1341, 1342 n.3, 166 USPQ
406, 407 n.3 (CCPA 1970). Consequently, we do not consider
this reference in reaching our decision.
-3-
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