Appeal No. 1997-3729 10
Application No. 08/362,107
of the claimed subject matter and F-14 disclosed at column 52, we previously found were
identified as a sodium thiosulfonate within the scope of the claimed subject matter.
Based upon these findings, we conclude that it would have been obvious from the
teachings of Takada alone to have added each of the required thiosulfonate and sulfinate
compounds of the claimed subject matter to the photographic emulsions prepared therein.
We further find that the disclosure of adding each of the thiosulfonate and sulfinate
compounds to a silver halide emulsion layer [for imparting high sensitivity and resistance to
storage changes], as required by the claimed subject matter, is disclosed by each of the
secondary references, Lok, column 3, lines 50-60, Shuto, column 2, lines 5-44 and
MacIntyre, column 3, lines 46-62. Based upon the above findings, we further conclude
that it would have been obvious to the person having ordinary skill in the art to add the
aforementioned mixture of compounds to the silver halide emulsion of Takada both in view
of the motivation provided by the secondary references and further in view of the addition
of these compounds by Takada. See Takada, column 42, lines 15-19. Based upon the
above findings and analysis, we conclude that the examiner has established a prima facie
case of obviousness with respect to the claimed subject matter.
As a rebuttal to the prima facie case of obviousness, appellants rely on the data
present set forth in Table IV of the specification on page 56 as showing unexpected results
[in that], “only the invention emulsion providing both suitable speed and low Dmin.” See
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