Appeal No. 95-3759
Application 08/145,118
Appellant has defined the term “fine particles” in the specification as “those having particle
size of less than about 2 microns, more preferably having a particle size of from about 0.3 to less than
about 2 microns” (specification: p. 4). Appellant further states that the “fine” particles have an
average diameter smaller than the average diameter of the “toner particles in the blend of carrier and
toner particles” (id). Laing teaches a process of blending carrier particles and classified toner
particles having a particle diameter of from about 2 microns to about 10 microns to alter the
tribocharging ability of the carrier particles and then adding to the blended mixture classified toner
particles having a diameter of from about 6 to about 18 microns (col. 4, lines 20-35). Thus, if Laing’s
toner particles in the first blending step are greater that about 2 microns and appellant’s “fine
particles” are less than about 2 microns, then one skilled in the art could distinguish between “finely
divided toner particles” and appellant’s “fine particles.” As for distinguishing between “finely divided
toner particles” and “toner particles,” appellant discloses that the “toner particles” used in the second
blending step are from about 6 to about 18 microns (specification: p. 4) which is similar to that
disclosed by Laing in his second blending step, and that the average diameters of the toner particles
employed in the first blending step and the second blending step are different (specification: p. 5).
Since appellant refers to Laing in the specification which refers to “fine toner particles” of the first
blending step as having “a diameter of from about 2 microns to about 10 microns,” we find that one
skilled in the art would readily be able to distinguish between “finely divided toner particles and
“toner particles. Thus, the relative difference between “finely divided toner particles” from “fine
particles” and “toner particles” would be known to a person having ordinary skill in the art when
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