Ex Parte MYDLARZ et al - Page 2




          Appeal No. 2001-0729                                                        
          Application No. 09/013,091                                                  


               Claim 1 is representative of the subject matter on appeal              
          and is reproduced below:                                                    

               1.    A method of forming a sensitized silver chloride                 
               emulsion comprising forming a silver chloride emulsion,                
               adding spectral sensitizing dye, sulfur, and gold                      
               sulfide to said emulsion, heating said emulsion to                     
               chemically and spectrally sensitize said emulsion, and                 
               cooling said emulsion, wherein said sulfur is present                  
               in an amount between 0.05 and 20 mg/silver mole, said                  
               gold sulfide is present in an amount between 1 and 60                  
               mg/mol Ag, said sulfur comprises sodium thiosulfate and                
               is present in an amount between 0.1 and 1.0 mg/silver                  
               mol, and wherein said silver chloride emulsion has                     
               grains that comprise greater than 95 percent chloride                  
               and are cubic.                                                         
          The references relied upon by the examiner are:                             
               Asami               5,434,034           Jul. 18, 1995                  
               Ohzeki              5,891,614           Apr. 06, 1999                  
                                        (filed Apr. 18, 1997)                         

                                 Ground of Rejection                                  
               Claims 1, 4, 5 and 8-13 stand rejected under 35 U.S.C. § 103           
          as unpatentable over Asami in view of Ohzeki.                               
               We reverse.                                                            


                                     Background                                       
               The invention relates to a method of forming a sensitized              
          silver chloride emulsion of the type used in photographic                   

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