Ex Parte Mydlarz et al - Page 3



           Appeal No. 2006-1866                                                                     
           Application No. 10/639,537                                                               

           rejected under 35 U.S.C. § 103(a) as being unpatentable over                             
           Mydlarz, and claims 19-23 stand rejected under 35 U.S.C.                                 
           § 103(a) as being unpatentable over Bell in view of Mydlarz.  In                         
           addition, claim 12 stands rejected under 35 U.S.C. § 103(a) as                           
           being unpatentable over Bell in view of Olm.                                             
                 We consider first the examiner's rejection of claims 1-18                          
           under § 102 over Bell.1  We will sustain this rejection for                              
           essentially those reasons expressed by the examiner.  Bell, like                         
           appellants, describes a radiation-sensitive emulsion comprised                           
           of silver halide grains that have a first dopant comprising                              
           ruthenium and a second dopant comprising iridium in the central                          
           portion of the silver halide grains.  Also, Bell teaches that                            
           the ruthenium-containing dopant is more preferably introduced                            
           after at least 70 percent of the silver has been precipitated                            
           and, in certain instances, it is desirable that the dopant be                            
           incorporated after 90 percent of the silver has been                                     
           precipitated (see column 3, lines 56 et seq.).  Also, Bell                               
           teaches that the iridium-containing dopant is preferably                                 
           introduced after 80-98 percent of the silver has been                                    
           precipitated, and, optimally, the iridium-containing dopant may                          
                                                                                                   
           1 We note that appellants have not separately argued any of the claims                   
           rejected under § 102.  Accordingly, the rejection of claims 1-18 under § 102             
           over Bell stands or falls together with claim 1.                                         
                                                -3-                                                 



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