Ex Parte FUJITA et al - Page 1






                                          The opinion in support of the decision being entered                                                  
                                     today was not written for publication and is not binding                                                   
                                     precedent of the Board.                                                                                    
                                                                                                     Paper No. 35                               
                                     UNITED STATES PATENT AND TRADEMARK OFFICE                                                                  
                                                             _______________                                                                    
                                           BEFORE THE BOARD OF PATENT APPEALS                                                                   
                                                         AND INTERFERENCES                                                                      
                                                             _______________                                                                    
                                                      Ex parte MUNEHISA FUJITA                                                                  
                                                      and ATSUSHI MATSUNAGA                                                                     
                                                              ______________                                                                    
                                                           Appeal No. 1999-2529                                                                 
                                                           Application 08/915,683                                                               
                                                             _______________                                                                    
                                                        HEARD: January 24, 2002                                                                 
                                                             _______________                                                                    
                Before WARREN, OWENS and LIEBERMAN, Administrative Patent Judges.                                                               
                WARREN, Administrative Patent Judge.                                                                                            
                                                            Decision on Appeal                                                                  
                         This is an appeal under 35 U.S.C. § 134 from the decision of the examiner finally                                      
                rejecting claims 1 and 5 through 9, which are all of the claims in the application.  Claim 1, as it                             
                stands of record,1 is illustrative of the claims on appeal:                                                                     
                         1.  An internal latent image direct positive photographic silver halide emulsion                                       
                comprising tabular silver halide grains having an average grain diameter of not less than 0.3 µm                                
                and an aspect ratio of from not less than 2 to not more than 100 in an amount of not less than                                  
                50% of all silver halide grains as calculated in terms of area; wherein said tabular silver halide                              
                grains are core/shell grains having a core and an external shell, the average grain thickness a                                 
                along the main plane of the external shell thereof is from not less than 0.2 µm to not more than                                
                                                                                                                                               
                1  Appellants submitted a correct copy of the appealed claims appended to the reply brief in                                    
                response to the errors in the copy of the claims appended to the brief that were identified by the                              
                examiner (answer, pages 3-4).                                                                                                   

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