Appeal No. 2006-1866
Application No. 10/639,537
be introduced after 90 percent of the silver has been
precipitated. Accordingly, inasmuch as Bell fairly describes
the introduction of both the first and second dopants after
precipitation of amounts of silver that fall within the claimed
range of 70-90 percent, we agree with the examiner that Bell
meets the claimed limitations with respect to the common dopant
band of the two dopants. Significantly, as pointed out by the
examiner, the present claims "do not require that the common
band needs to be found only within the 70-90% range and it is
not required that it consist of the 70-90% region" (page 8 of
Answer, first sentence). In other words, the appealed claims do
not require that all the first and second dopants be introduced
after at least 70 percent, and before 90 percent, of the silver
has been precipitated. The claims are sufficiently broad to
encompass both the first and second dopants to be present in the
silver grains outside the recited band, as well. Hence, since
Bell describes the presence of both dopants in a substantial
portion of the recited band, as well as their presence in a
small portion outside the recited band, we perceive no
patentable distinction between silver halide grains within the
scope of the appealed claims and those fairly described by Bell.
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