Ex Parte Moriyama et al - Page 11

                 Appeal 2007-1855                                                                                                        
                 Application 10/815,650                                                                                                  
                        The dielectric loss tangent (tan δ) of the toner is preferably from                                              
                        0.001 to 0.01, more preferably from 0.002 to 0.006, from the                                                     
                        viewpoint of the printed image quality, especially the                                                           
                        background fogging, which is affected by the dispersibility of                                                   
                        the charcoal powder in the toner. . . . The tan δ of the toner can                                               
                        be adjusted by changing the kinds, the amounts and the pre-                                                      
                        mixing time of the raw materials, various conditions in the                                                      
                        kneading step, and the like.                                                                                     
                 Id. 11:23 to 12:7.                                                                                                      
                        With respect to Specification Table 1, Examples 1, 3, and 4 are                                                  
                 prepared with “KA-2 (Shirasagi KA-2):  coconut shell-based activated                                                    
                 carbon, commercially available from TAKEDA CHEMICAL                                                                     
                 INDUSTRIES, LTD,” that has a D50 of 3.81 µm and a CV of 60.3%, and the                                                  
                 toners have a BG (background fogging) of 0.37 µm, 0.31 µm, and 0.61 µm,                                                 
                 respectively, and “good” “thin-line reproducibility;” Example 2 is prepared                                             
                 with “YP-17:  coconut shell-based activated carbon, commercially available                                              
                 from KURARAY CHEMICAL CO., LTD,” that has a D50 of 5.16 µm and a                                                        
                 CV of 59.9%, and the toner has a BG of 0.50 and “good” “thin-line                                                       
                 reproducibility;” and Comparative Examples 1 and 2 are prepared from two                                                
                 different commercial wood-based activated carbons having a D50 of 5.59 µm                                               
                 and 20 µm, respectively, and a CV of 88.2% and 78.3%, respectively, and                                                 
                 the toners have a BG of 1.19 and 0.81 and “poor” “thin-line reproducibility                                             
                 (Specification 22).  The Specification reports the results show “the toners of                                          
                 Examples 1 to 4 have low occurrences of background fogging and excellent                                                
                 thin-line reproducibility, so that the image quality is excellent . . . [and]                                           
                 sufficient degree of blackness and covering strength are obtained” (id.).                                               
                        We find no evidence in the Specification that the commercial                                                     
                 activated carbon products were modified by pulverization to obtain the                                                  
                 stated D50 and CV values.                                                                                               

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