Ex Parte AYLWARD et al - Page 2




          Appeal No. 2002-1567                                       Page 2           
          Application No. 09/197,729                                                  


          imaging layer.  An understanding of the invention can be derived            
          from a reading of exemplary claim 1, which is reproduced below.             

                    1.  A photographic element comprising a reflective                
               color print material comprising at least one silver halide             
               containing imaging layer and a voided cushioning layer below           
               said at least one imaging layer having a compression                   
               percentage of between 5 and 25% and wherein the recovery               
               percentage is between 50% and 100% of the amount compressed            
               and said photographic element has a base below said                    
               cushioning layer.                                                      
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Ashcraft et al. (Ashcraft)         4,377,616      Mar. 23, 1983             
          Aylward et al. (Aylward)           5,888,643      Mar. 30, 1999             
                                                  (filed May  23, 1997)               

               Claims 1, 2, 5, 7-15, 17 and 18 stand rejected under                   
          35 U.S.C. § 103 as being unpatentable over Aylward in view of               
          Ashcraft.1                                                                  
               We refer to the brief and reply brief and to the answer for            
          a complete exposition of the opposing viewpoints expressed by               
          appellants and the examiner concerning the issues before us on              
          this appeal.                                                                


               1 The examiner also refers to claim 4 as rejected; however,            
          claim 4 was cancelled.  See the amendement filed September 11,              
          2000.                                                                       







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