Appeal No. 1997-3729 7
Application No. 08/362,107
substrate grain.
We find that the “surface of a grain” is defined as, “a region at a depth of about 50
D from the surface of a grain.” See column 16, lines 59-61. We further find the overall
size of the grain ranges from 0.05 :m to 10 :m or more. See column 17, lines 45-51.
In this respect we adopt the examiner’s analysis, findings of fact and conclusions that, “the
outer 50 D of the majority of [the] grains within the preferred size range set forth by
Takada et al. corresponds to a portion containing less than 15% of the silver.” See
Supplemental Examiner’s Answer, page 3.
As to the grain size, Takada discloses grains wherein “it is preferable that 60% or
more of the surface each regular crystal grain is of (111) face or (100) face.” See column
13, lines 31-33. We find that, “[r]egular crystal grains, 60% or more of the surface which
is either (111) face or (100) face can be obtained. . . . “ See column 13, lines 39-41.
We further find that the grain may be “a cubic grain constituted by (100) faces,” column
13, lines13-14, and may be, “[a] grain having two or more different faces such as a
tetradecahedral grain having both (100) and (111) faces.” See column 13, lines 25-26.
Indeed appellants agree that, “Takada et al proposes the use of the iodide releasing
compound of their invention in virtually every grain combination, including at column 13,
line 28, tetradecahedral grain.” See Brief, and sentence bridging pages 7 and 8.
Accordingly, we conclude that Takada discloses the grain combination required by the
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