Appeal No. 2003-0407
Application No. 09/550,503
density increases the requirements for exposure time or intensity
needed to achieve a print density that enables optimal sound
performance when printing the sound negative information to a
color print film" (page 3 of Brief, first paragraph).
Appealed claims 1-7 and 14-23 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Gerlach in view of Anderson.
Claims 1-23 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Gerlach in view of Brick.
We have thoroughly reviewed the respective positions
advanced by appellants and the examiner. In so doing, we concur
with appellants that the examiner has failed to establish a prima
facie case of obviousness for the claimed subject matter.
Accordingly, we will not sustain the examiner's rejections for
essentially those reasons espoused by appellants.
Gerlach, the primary reference, discloses a black and white
motion picture sound recording film but fails to teach the
general use of an antihalation layer, let alone the specifics of
one. According to appellants, the Examples of Gerlach "are
clearly consistent with the conventional prior art sound
recording film practice of using a gray-tinted support, or
including permanently colored dyes, to provide such permanent
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