Appeal No. 1997-3392
Application 08/297,946
requirement.
Rejection under 35 U.S.C. § 102(b)
In order for a claimed invention to be anticipated under
35 U.S.C. § 102(b), all of the elements of the claim must be
found in one reference. See Scripps Clinic & Research Found.
v. Genentech Inc., 927 F.2d 1565, 1576, 18 USPQ2d 1001, 1010
(Fed. Cir. 1991).
Sacripante discloses a core-shell toner composition in
which a polyfunctional reagent links the core binder and the
shell, or alternatively, functionalities on the shell monomer
react with the core binder monomer to graft some of the core
binder molecules onto the shell structure (col. 2, line 56 -
col. 3, line 4; col. 3, line 59 - col. 4, line 6).
The examiner argues that the appellants’ claim 25 does
not recite to what the composition gradient refers and that,
therefore, Sacripante appears to disclose a polymer having the
compositional and structural requirements of the appellants’
claim 25 (answer, page 8). In the examiner’s view, the
chemical bonding between the core and shell, which Sacripante
calls a “sealant layer” (col. 2, line 50), is a composition
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