Appeal No. 94-2441
Application 07/821,314
to rebut any showing of prima facie obviousness established by
El-Sayed. More particularly, appellants refer to the Tsubuko
declaration executed on October 28, 1992, the Tsubuko declaration
executed on December 28, 1989 and the comparative examples set
forth on pages 18 and 19 of the specification. Essentially, it
is appellants’ contention that comparative examples have been
presented which fall within the scope of the disclosure of El-
Sayed but outside of the scope of the present claims, and that
these comparative examples demonstrate liquid toner compositions
having very poor preservability and/or inferior toner image
fixing ratios when compared to toner compositions covered by the
claims on appeal.
We have carefully considered all of the comparisons of
record. However, we agree with the examiner that the comparative
data reported in the specification and the declarations is
insufficient to show unexpected results because the toner resins
of the comparative examples do not correspond to the closest
prior art toners , as described in working examples 1 and 4 of5
El-Sayed. See the Answer at pages 3 and 4. As the examiner has
5From our perspective, the closest prior art copolymer
disclosed by El-Sayed is the particularly preferred copolymer
having an acid number of 60 and a melt index of 500. See the
reference at column 5, lines 26-28.
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