Appeal No. 2005-0532
Application No. 10/152,877 Page 5
However, the examiner also asserts that “one skilled in the
art would be motivated to use dye mordants, as in Campbell et
al., in the receiving layers of Yutzy et al. to prevent the
migration of dye images formed therein” (answer, page 6). In
other words, the examiner recognizes the receiving layer side of
the support of Yutzy as an image side of that support in
offering an explanation of the examiner’s position as to why one
of ordinary skill in the art would have been led to add a mordant
to Yutzy’s receiving layer based on Campbell’s teachings. Yet,
the examiner also argues that the receiving layer side of the
support of Yutzy could be a non-image side if processed
differently, albeit not in a way taught by Yutzy.
On this record, we can not agree with those positions of the
examiner. In this regard, Yutzy clearly discloses a photographic
material having an image side that is coated with light-sensitive
materials capable of forming a negative image and a second image
side (receiving side) that is coated with reactive materials
capable of forming a positive image. Here, the examiner has not
fairly explained how the here claimed non-image and image sides
of the support can be reasonably construed to read on the
photographic support element of Yutzy that includes two image
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