Appeal No. 2003-0500 Page 3
Application No. 09/794,362
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Kashi et al. (Kashi) 5,561,033 Oct. 01, 1996
Ito et al. (Ito) 5,985,508 Nov. 16, 1999
Claims 1-5 and 7-15 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Kashi in view of Ito.
We refer to the brief and reply brief and to the final
rejection and the answer for a complete exposition of the
opposing viewpoints expressed by appellant and the examiner
concerning the issues before us on this appeal.
OPINION
Having carefully considered each of appellant’s arguments
set forth in the brief and reply brief, appellant has not
persuaded us of reversible error on the part of the examiner.
Accordingly, we will affirm the examiner’s rejection for
substantially the reasons set forth by the examiner in the final
rejection and the answer.
The examiner has found that Kashi discloses a photographic
material that corresponds to the material called for by
appellant’s representative claim 1 but for a difference in the
particular tellurium sensitizer employed. See page 2 of the
final rejection and the portions of Kashi referred to therein by
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