Appeal No. 2004-1835 Page 4
Application No. 09/919,118
using the two types of dopants together. The Formula (I) type dopant is included to increase speed
(Hendricks, col. 6, l. 59 to col. 7, l. 30). The Formula (I) type dopant is effective at any location,
but is optimally placed in the exterior 75-80% of the grain (Hendricks, col. 7, ll. 31-45). Hendricks
also discusses the incorporation of a Formula (II) type dopant for increasing the contrast of the
emulsion (Hendricks, col. 7, l. 55 to col. 8, l. 7). The general disclosure of Hendricks does not
discuss the location of the Formula (II) type dopant, however, a location is specified in the
examples (Hendricks, samples 3-5, cols. 19 and 20). In those samples, the Formula (I) type dopant
is placed in the exterior 75-80% of the grain while the Formula (II) type dopant is placed in the
interior 1-70% of the grain (samples 3-5) and this placement shows that those of ordinary skill in
the art understood that it is desirable to restrict the Formula (II) type dopant to a more interior
location than the Formula (I) type dopant. We emphasize that Hendricks places no strict limitations
on the location of the Formula (II) dopant. Vandenbroucke also discloses the use of the two types
of dopants together (Vandenbroucke, p. 6, ll. 35-38). While Vandenbroucke does not provide any
examples of using the two dopants together, this reference provides at least some additional
evidence that restricting the Formula (II) type dopants to the interior regions of the grain was
considered desirable (Vandenbroucke, p. 5, ll. 17-22 and p. 10, ll. 1-3). Where the prior art
acknowledges that the variable has effects, there is motivation to conduct routine experimentation
to optimize those effects to get the expected benefits. It is true that a routine variable change
sometimes causes an unexpected effect. In such a situation, the claimed subject matter will be
unobvious under the law if a showing of unexpected beneficial results is presented. See In re
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