Appeal No. 2004-2011
Application No. 09/919,239
(see Newmiller at column 4, lines 9 et. seq., esp. lines 17-19).
Hence, since Makuta cites Newmiller for disclosing the types of
mixed grain emulsions that can be used in the silver chloride
photographic emulsions of Makuta, we concur with the examiner
that it would have been obvious to one of ordinary skill in the
art that Makuta contemplated silver chloride mixed grain
emulsions that have different compositions of dopants in separate
fractions.
Also, appellants have not addressed the examiner's accurate
finding that claim 1 on appeal, with which all the appealed
claims stand or fall, encompasses first and second fractions that
are hardly different in concentration. For instance, fraction
one of the emulsion may contain 10-7 mole of dopant (I) and
fraction two may contain only slightly less than 10-7 mole of
dopant (I). Likewise, fraction one may contain slightly less
than 10-10 mole of dopant (II) whereas fraction two comprises 10-10
mole of dopant (II). Hence, the examiner is correct in stating
that "the presently claimed emulsion may actually comprise two
fractions having virtually the same grains, thus only one type of
grain and not two distinct fractions" (page 9 of Answer,
penultimate full sentence). Accordingly, appellants' arguments
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