Appeal 2007-1855
Application 10/815,650
claims 7 and 8 under 35 U.S.C. § 103(a) as unpatentable over Machida
evidenced by Grant, Appellants’ disclosure in the Specification at page 3,
lines 10-16; page 11, line 23, to page 12, line 1; and Table 1, and Nanya (id.
13-15).
Appellants argue the grounds of rejection as a whole based on the
limitations in claim 1 (Br. in entirety). Thus, we decide this appeal based on
claim 1. 37 C.F.R. § 41.37(c)(1)(vii) (2005).
The Examiner finds Machida discloses toner compositions falling
within appealed claim 1 which includes an activated carbon with “the trade
name ‘Shirawashi A-1’ obtained from Takeda Pharmaceutical Industries
K.K.,” that has “an average particle diameter of 4.5 µm . . . within the
numerical value of the particle size range of ‘5.6 µm or less’” specified in
claim 1 (Answer 6, citing Machida 8 and Table 3). With respect to
Appellant Moriyama’s testimony2 that “[t]he commercial product described
in the English translation of [Machida] . . . . is actually . . . “Shirasagi A-1”
now “obtained from the manufacturer (Japan EnviroChemicals, Ltd.”
(Moriyama Declaration ¶¶ 3 and 6), the Examiner contends “there is no
reason to think that the actual name or source makes a difference” (Answer
16). The Examiner finds Grant evinces activated carbon is charcoal as
specified in claim 1 (id. 7-8).
The Examiner finds Machida does not disclose the “4.5 µm average
particle size” is a volume-based median particle size with a coefficient of
variation (CV) of 80% or less as specified in claim 1 (Answer 8). The
Examiner finds Machida discloses “toner (1)” with 4.5 µm average particle
2 Appellants submitted the Declaration Under 37 C.F.R. 1.132 of Appellant
Shinji Moriyama (Moriyama Declaration) on October 27, 2005 and rely
thereon herein (Br., e.g., 4-5 and Evidence Appendix).
3
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