Ex Parte Adam - Page 2



         Appeal No. 2005-0532                                                       
         Application No. 10/152,877                                 Page 2          

                        1. A photographic material comprising an                    
                   opaque reflective support, said support                          
                   having an image side and a non-image side,                       
                   said non-image side being coated with a                          
                   mordant at a lay down of from 100 to 400                         
                   mg/square ft. to absorb during washing of the                    
                   photographic material dyes selected from                         
                   absorber dyes and sensitising dyes that would                    
                   contribute to staining of the final image,                       
                   together with a gelatin binder.                                  
              The prior art references of record relied upon by the                 
         examiner in rejecting the appealed claims are:                             
         Yutzy et al. (Yutzy)               2,882,151      Apr. 14, 1959            
         Campbell et al. (Campbell)         3,958,995      May  25, 1976            
              Claims 1, 2, 4, 5, 7 and 10 stand rejected under 35 U.S.C.            
         § 103(a) as being unpatentable over Yutzy in view of Campbell.             
              We refer to the brief and to 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                                       
              Upon careful review of the respective positions advanced by           
         appellant and the examiner with respect to the rejection that is           
         before us for review, we find ourselves in agreement with                  
         appellant’s viewpoint in that the examiner has failed to carry             
         the burden of establishing a prima facie case of obviousness.              
         See In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444               






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