Appeal No. 2002-0148
Application No. 09/104,675
that the declaration states that Example 2 does not have a gamma
ratio within the claimed range, concluding that there is evidence
of record that the material of Bohan would not realize the
presently claimed gamma ratios even when a lower amount of
masking coupler is used. (Reply Brief, page 2, lines 3-8).
As regards their interpretation of the Bohan disclosure, we
note that the appellants are in error. What Bohan actually
states is that:
Photographic Film Sample 2, a film illustrating the
preparation of a typical multiplayer multicolor light
sensitive color negative photographic element useful in the
invention was prepared generally like Photographic Film
Sample 1 except that the masking couplers C-2, C-3 and C-6
and the absorber dyes DYE-2 and DYE-3 were omitted from the
sample. Film Sample 2 also contained less than about 0.2
mmol/m2 of color masking couplers, and less than about 0.1
mmol/m2 of dyes that function as incorporated permanent Dmin
adjusting dyes. (Bohan, column 20, lines 28-37).
Reviewing Sample 1 of Bohan reveals that other couplers
(e.g. C-1 and C-5) were present in Sample 1, thus the appellants’
conclusion that Sample 2 is without these masking couplers is
apparently wrong. Further, the uncited portion of the reference
indicates that “less than about 0.2 mmol/m2 of color masking
couplers” were present, which exceeds the claim limitations.
As regards the Declaration, we, like the examiner, remain
unpersuaded by its conclusory nature. The declarant has merely
stated that:
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