Ex Parte Moriyama et al - Page 10

                 Appeal 2007-1855                                                                                                        
                 Application 10/815,650                                                                                                  
                 line reproducibility, and fineness of texture” as compared to Comparative                                               
                 Examples with “only carbon black as the colorant” (id. 8-12 and Tables 1-3).                                            
                        Machida’s Working Example 3 includes toners (6), (7), and (8) which                                              
                 have the same composition as Working Example 1 except “the average                                                      
                 particle diameter of the activated carbon was changed to 1.0 µm, 7.5 µm,                                                
                 and 10 µm,” respectively (id. 12 and Table 3).  Machida discloses in Table 3                                            
                 that toners (1) and (6) with active carbon having average particle sizes                                                
                 4.5 µm, and 1.0 µm, respectively, exhibited “no occurrence after 50,000                                                 
                 copies” of “fogging,” while toners (7) and (8) with active carbon having                                                
                 average particle sizes 7.5 µm, and 10.0 µm, respectively, exhibited                                                     
                 “fogging” with “slight occurrence after 40,000 copies” and “occurrence after                                            
                 10,000 copies,” respectively (id. 12 and Table 3).                                                                      
                        Machida discloses “[f]rom Table 3 it can be seen that in toners (1) and                                          
                 (6), in which an average particle diameter of less than 5 µm was used, the                                              
                 fogging and filming conditions were good, but in toners (7) and (8), which                                              
                 used particles greater than 5 µm, fogging and filming occurred,” thus                                                   
                 concluding “the average particle diameter of the activated carbon in the                                                
                 present invention should be no more than 5 µm” (id. 13).                                                                
                        The written description in the Specification includes the following:                                             
                        When the volume-based median particle size of the charcoal                                                       
                        powder is larger than 5.6 µm, it is difficult to contain the                                                     
                        charcoal powder in the toner.  Also, when the coefficient of                                                     
                        variation exceeds 80%, the state of dispersion of the charcoal                                                   
                        powder in the toner is inhomogeneous.  Therefore, when these                                                     
                        requirements are not satisfied, not only the degree of are [sic]                                                 
                        blackness and the covering strength considerably lowered but                                                     
                        also the chargeability is adversely affected, thereby resulting in                                               
                        the lowering of the image quality.                                                                               
                 Id. 3:9-16.                                                                                                             

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