Ex parte MANIAR - Page 5




               Appeal No. 95-3759                                                                                                  
               Application 08/145,118                                                                                              

                       Appellant has defined the term “fine particles” in the specification as “those having particle              
               size of less than about 2 microns, more preferably having a particle size of from about 0.3 to less than            
               about 2 microns” (specification: p. 4).  Appellant further states that the “fine” particles have an                 
               average diameter smaller than the average diameter of the “toner particles in the blend of carrier and              
               toner particles” (id).  Laing teaches a process of blending carrier particles and classified toner                  
               particles having a particle diameter of from about 2 microns to about 10 microns to alter the                       
               tribocharging ability of the carrier particles and then adding to the blended mixture classified toner              
               particles having a diameter of from about 6 to about 18 microns (col. 4, lines 20-35).  Thus, if Laing’s            
               toner particles in the first blending step are greater that about 2 microns and appellant’s “fine                   
               particles” are less than about 2 microns, then one skilled in the art could distinguish between “finely             
               divided toner particles” and appellant’s “fine particles.”  As for distinguishing between “finely divided           
               toner particles” and “toner particles,” appellant discloses that the “toner particles” used in the second           
               blending step are from about 6 to about 18 microns (specification: p. 4) which is similar to that                   
               disclosed by Laing in his second blending step, and that the average diameters of the toner particles               
               employed in the first blending step and the second blending step are different (specification: p. 5).               
               Since appellant refers to Laing in the specification which refers to “fine toner particles” of the  first           
               blending step as having “a diameter of from about 2 microns to about 10 microns,” we find that one                  
               skilled in the art would readily be able to distinguish between “finely divided toner particles and                 
               “toner particles.  Thus, the relative difference between “finely divided toner particles” from “fine                
               particles” and “toner particles” would be known to a person having ordinary skill in the art when                   

                                                                -5-                                                                





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007