Appeal No. 95-4570
Application No. 08/047,188
toner powders of different color, the present invention is able
to apply a uniform charge to the differently colored powders by
selecting differently colored powders having substantially the
same physical characteristics, such as resistivity, particle size
and flowability.
Claims 1-22 stand provisionally rejected under the
judicially created doctrine of obviousness-type double patenting
over claims 1-28 of U.S. Application No. 07/639,360, now U.S.
Patent No. 5,532,100. Claims 1-22 also stand provisionally
rejected under 35 U.S.C. § 102(e) as being anticipated by U.S.
Patent 5,532,100. In addition, appealed claims 1-22 stand
rejected under 35 U.S.C. § 103 as being unpatentable over
Fotland.
Upon careful consideration of the opposing arguments
presented on appeal, we agree with appellants that the examiner's
rejections are not sustainable.
We consider first the rejections under obviousness-type
double patenting and 35 U.S.C. § 102(e) over claims 1-28 of U.S.
Patent No. 5,532,100. The present claims on appeal recite the
positive steps of uniformly mixing first and second differently
colored toner powders and applying a substantially uniform
electrostatic charge thereto. Neither the claims nor the
disclosure of U.S. Patent No. 5,532,100 describes or suggests
-3-
Page: Previous 1 2 3 4 5 6 Next
Last modified: November 3, 2007