Ex Parte Bowen et al - Page 3



          Appeal No. 2004-2011                                                        
          Application No. 09/919,239                                                  

                         r is zero, -1, -2 or -3; and                                 
                         Z is oxygen or sulfur.                                       
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Newmiller                     4,865,964             Sep. 12, 1989           
          Keevert, Jr. et al.           4,945,035             Jul. 31, 1990           
          (Keevert)                                                                   
          Makuta et al.                 5,683,853             Nov.  4, 1997           
          (Makuta)                                                                    
          McDugle et al.                4,933,272             Jun. 12, 1990           
          (McDugle)                                                                   
          Research Disclosure 437013, "Color paper with exceptional                   
          reciprocity performance," Section XIV (Sept. 2000)                          
               Appellants' claimed invention is directed to a photographic            
          element comprising a silver chloride emulsion layer having first            
          and second fractions of different composition.  The first                   
          fraction contains more of a hexacoordination metal complex of               
          recited formula (I) whereas the second fraction contains more of            
          a hexacoordination metal complex which satisfies recited formula            
          (II).  The metal complex of formula (I) is a speed enhancing                
          dopant while the metal complex of formula (II) is a contrast                
          improving dopant.  According to appellants, by employing the two            
          classes of dopants differentially in separate fractions of the              
          silver halide grains, "improved LIK performance is achieved for             
          optical and digital exposed elements" (page 2 of Brief, second              

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