Appeal No. 2001-0729
Application No. 09/013,091
emulsions and color paper photographic elements. Claim 1; appeal
brief, paper no. 19, received July 24, 2000, page 1, last
paragraph. In particular, in accordance with the method, a cubic
silver chloride emulsion is sensitized in a way which minimizes
pressure sensitivity of the emulsion during development of a
photographic element. Id., page 2, second paragraph. By
minimizing pressure sensitivity, a number of defects such as
streaks which occur during development of a picture are reduced.
Id. at first paragraph. In accordance with the invention, a
decrease in pressure sensitivity is achieved using a cubic silver
chloride emulsion having greater than 95% silver chloride which
is sensitized by adding gold sulfide and sodium thiosulfate,
heating and then cooling the emulsion. Id. at second paragraph.
Discussion
The initial burden of presenting a prima facie case of
obviousness rests on the examiner. In re Oetiker, 977 F.2d 1443,
1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). A proper analysis
under § 103 requires, inter alia, that the examiner consider two
factors: (1) whether the prior art would have suggested to those
of ordinary skill in the art that they make the claimed
composition or device or carry out the claimed process, and (2)
3
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