Ex parte TSUBUKO et al. - Page 2




                Appeal No. 94-2441                                                                                                            
                Application 07/821,314                                                                                                        


                through 14, 16 through 18, 20 and 21 .  In the Answer, the  2                                                                 
                examiner allowed claims 17 and 19  and indicated that claims 3, 73                                                                      
                and 12 would be allowable if rewritten in independent form.                                                                   
                Accordingly, remaining for our consideration is the appeal from                                                               
                the rejection of claims 1, 2, 4 through 6, 8 through 11, 13, 14,                                                              
                16, 18, 20 and 21.                                                                                                            
                         Claim 1 is representative and is reproduced below:                                                                   
                         1.      A liquid developer for use in electrophotography                                                             
                comprising:                                                                                                                   
                         a toner comprising as the main toner components a colorant                                                           
                and a polyolefin resin having an acid value of from 5 to 50 and a                                                             
                melt viscosity at 200EC of from 100 to 15,000 cps; and                                                                        
                         an aliphatic hydrocarbon carrier liquid in which said toner                                                          
                is dispersed.                                                                                                                 


                         The sole reference now relied upon by the examiner is:                                                               
                El-Sayed et al. (El-Sayed)                        4,798,778                         Jan. 17, 1989                             
                         The appealed claims stand rejected for obviousness (35                                                               
                U.S.C. § 103) in view of El-Sayed.                                                                                            
                         We affirm.                                                                                                           


                         2The rejection of appealed claim 21 was inadvertently                                                                
                omitted from the examiner’s statement of rejection in the final                                                               
                rejection.                                                                                                                    
                         3Claim 19 was allowed by the examiner in the final                                                                   
                rejection.                                                                                                                    
                                                                      2                                                                       





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