Appeal No. 94-2441
Application 07/821,314
Based on these disclosures in the prior art, the examiner
found that the acid value range of the claimed polyolefin resin
toner component (i.e., from 5 to 50) “overlaps” with the acid
value range of the polyolefin copolymer of El-Sayed (i.e., from 1
to 120). With respect to the claimed viscosity range for
appellants’ toner resin, the examiner also urged that the melt
index range of 10 through 500 for El-Sayed’s toner resin
component overlaps with the melt viscosity range of 100-15,000
cps for appellants’ toner resin component. In this regard,
appellants have not directly rebutted the examiner’s finding.
In essence, it is appellants’ position that the specific examples
disclosed in the El-Sayed reference utilize a toner resin
component having an acid number and melt viscosity outside the
respective claimed ranges of their invention. However, the
allegation by appellants’ attorney, with respect to the specific
examples in the El-Sayed reference, that “the melt index of 100
at 190EC converts to a melt viscosity greater than 40,000 cps at
200EC” (Reply Brief, page 3) which is much higher than the
claimed viscosity (Brief, page 6), further supports the
examiner’s finding of overlapping ranges based on the broad range
disclosed at column 4, lines 24-26, inasmuch as a toner resin
having a melt index of 500 at 190EC is five times less viscous
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