Appeal No. 94-2794
Application No. 07/702,533
by weight of hard magnetite, 1% by weight of a charge control
agent and 6% by weight of a polywax (lubricant). The Rule 131
declaration also indicates the criticality of employing a
mixture of soft and hard magnetite, with the hard magnetite
accounting for about 10% of the total weight of the toner
composition. This toner composition, including its specific
critical features, is included in the appealed claims. See,
e.g., In re Stryker,
435 F.2d 1340, 168 USPQ 372 (CCPA 1971). Accordingly, we
conclude that the Rule 131 declaration does show sufficient
facts which establish completion of the claimed subject matter
prior to the publication date of the Unno reference. It then
follows that the Unno reference cannot be qualified as prior
art under
35 U.S.C. § 102(a) or 35 U.S.C. § 103.
8
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007