Appeal No. 2004-2011
Application No. 09/919,239
paragraph). Appellants explain that "[l]atent image keeping
(LIK) instability refers to a highly undesirable property of
changing photographic performance as a function of the time that
elapses between exposure and processing" (id.).
Appealed claims 1-18 stand rejected under 35 U.S.C. § 103(a)
as being unpatentable over Makuta in view of Newmiller, McDugle
and Keevert.
Appellants assert at page 3 of the Brief that "claims 1-18
may stand or fall as a single group" and "claims 19-23 may stand
or fall as a single group." However, since appellants' separate
argument for claims 19-23 relies on the arguments for the
patentability of claims 1-18, all the appealed claims stand or
fall together with claim 1.
We have thoroughly reviewed each of appellants' arguments
for patentability. However, we are in complete agreement with
the examiner that the claimed subject matter would have been
obvious to one of ordinary skill in the art within the meaning of
§ 103 in view of the applied prior art. Accordingly, we will
sustain the examiner's rejections for the reasons set forth in
the Answer, which we incorporate herein, and we add the following
for emphasis only.
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