Appeal No. 2003-0407
Application No. 09/550,503
neutral density, as Table 3 of Gerlach et al reports a Dmin value
of 0.24" (page 6 of Brief, first paragraph).
The examiner appreciates that Gerlach does not disclose an
antihalation layer, but it is the examiner's position that
Gerlach's disclosure of the use of conventional interlayers would
have suggested the inclusion of an antihalation layer. Based on
the disclosures in Anderson and Brick of antihalation layers for
motion picture films comprising the presently claimed filter dye
which is readily solubilized and removed or decolorized upon
standard processing, the examiner concludes that it would have
been prima facie obvious for one of ordinary skill in the art to
employ the antihalation layers of Anderson and Brick in the sound
recording film of Gerlach.
The flaw in the examiner's reasoning is that Anderson and
Brick do not refute appellants' statement in the specification
that antihalation in sound recording films is effected by using a
gray-tinted support or by using an anti-halation layer containing
permanently colored dyes. Neither Anderson nor Brick discloses
that the antihalation layers described therein are for use in
black and white silver halide motion picture sound recording
film. Hence, the examiner has not established the requisite
motivation for one of ordinary skill in the art to use the
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