Appeal No. 2003-0500 Page 6
Application No. 09/794,362
scope of the broad class of tellurium compounds that
representative claim 1 is inclusive of.
Appellant has not furnished any test results for tellurium
compounds within the claimed formula wherein n = 2. Nor do the
furnished test results establish the effect of varying other
additives and parameters that may be used in photographic
materials that are within the scope of the representative
appealed claim. For example, representative claim 1 is open to
any iodide content, grains that may or may not have dislocation
lines and using any percentage of the total projected area of all
grains that is occupied by tabular grains. Yet, the tested
examples employed methods of preparation that resulted in
particular amounts of iodide content (about 3 mole percent) and
relatively high tabular grain area percentage ratios and a number
of dislocation lines in the tabular grains. See, e.g., pages 21-
27 and Example 1 of appellant’s specification. We note that
applicant/declarant has not offered a convincing line of
reasoning explaining why one of ordinary skill in the art would
expect substantially the same results with the multitude of
alternative compositions that are embraced by the claims as with
the tested compounds.
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