Appeal No. 95-0878
Application 07/921,820
matter with a reasonable degree of precision and particularity. In re Moore, 439 F.2d 1232, 1235, 169
USPQ 236, 238 (CCPA 1971). Claim 1 recites a toner composition “consisting of polyoxazolines resin
particles." Claim 3 which is dependent on claim 1 recites that the “polyoxazolines are of the formula [CH -
2
CH -N(R)-] wherein R is trifluoroacetyl, triflurorpropenyl, trifluoroacetyl/acetyl, stearoyl, trialkylsilyl,
2 n
fluorinated alkyl or fluorinated alkyl subsitituents ....” We agree with the examiner and as illustrated by JP
4-202345 that oxazoline would have been understood by one having ordinary skill in the art to be a
heterocyclic compound and that such a person would have had a reasonable expectation that a
polyoxazoline polymer would have a heterocyclic moiety in the polymeric structure. However, according
to appellants, that is not the case. In a declaration (paper no. 6) presented by Timothy J. Fuller, one of the
named inventors, Mr. Fuller declares that the present invention is directed to toners with poly-2-oxazolines
wherein no residual or unreacted oxazoline moieties are present. On page 2 of the declaration, Mr. Fuller
illustrates the claimed subject matter as follows:
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