Ex parte VERBEECK - Page 5




          Appeal No. 1998-1732                                                           
          Application 08/608,321                                                         


          silicic acid sol and gelatin” (page 3, line 15) indicates that                 
          gelatin may be present or absent, and EP ‘961 discloses such a                 
          precipitation in the absence of gelatin (page 3, line 48).                     
          The ratio of onium compound to colloidal silica is preferably                  
          0.5x10-  to 5x10-  mol of onium compound per 90g of SiO  (page3         3                                       2                     
          3, lines 55-57).  The examiner calculates that the EP ‘092                     
          examples include colloidal silica:onium ratios within the                      
          appellants’ range of 3-400 (answer, pages 5-6), and in their                   
          reply brief the appellants do not challenge the examiner’s                     
          calculations.  The silver halide emulsions can be prepared                     
          under conditions of controlled flow rates (page 4, lines 16-                   
          18).  Steps of physical ripening (page 6, lines 52-53),                        
          desalting the reaction medium and redispersing the silver                      
          halide obtained (page 4, lines 41-43), chemically ripening the                 
          silver halide (page 4, lines 44-56; page 7, line 7), and                       
          adjusting the ratio of colloidal sol to silver halide,                         
          apparently to keep it in the 0.5-1.0 weight ratio range (page                  
          5, lines 51-58), can be used.                                                  
               Thus, it is seen that there is substantial overlap                        
          between the EP ‘092 method and that recited in the appellants’                 
          claim 1.  The appellants’ claim 1, however, requires that the                  
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