Appeal No. 95-3988
Application 07/986,316
Opinion
We have carefully reviewed the record on this appeal and based thereon find ourselves in
agreement with the examiner that the claimed process for forming images encompassed by appealed
claims 1 through 14, 17, 18, 20, 25 through 42, 44 through 48 and 87 through 90 would have been
obvious over the teachings of Watanabe to one of ordinary skill in this art at the time the claimed
invention was made.
As pointed out by the examiner, Watanabe discloses the basic process of developing an
electrostatic image with a developer comprising a vehicle which has a melting point of not lower than
30E C, wherein the developer is heated above its melting point prior to development and, of course,
subsequently cooled after the image has been developed (answer, pages 4-6). With respect to the
requirement of appealed claim 1 that “excess developer is removed from the develop image subsequent
to development, . . . at a temperature above the melting point of the developer,” the examiner contends
that this step would have been obvious to one of ordinary skill in this art from the teachings of
Watanabe (answer, page 5, lines 15-17, page 6, lines 14-17, and pages 8-10, particularly the sentence
abridging pages 8-9). Indeed, the examiner principally points to col. 6, lines 30-34, which reads as
follows:
Finally, the colorant particles 6 affixed to the unnecessary portion in the course of the
fixation process are eliminated and, after the process of elimination of the electrical charges,
the image is formed on the sensitized base material.
We agree with the examiner because we find that one of ordinary skill in this art would have
reasonably inferred that the “colorant particles 6” (e.g., col. 5, lines 18-31) would have adsorbed on
the surface thereof the melted developer vehicle, and together would constitute the “developer.” One 5
of ordinary skill in this art would also have reasonably inferred from this passage and from such further
5In evaluating the teachings of this reference, we must consider the specific teachings thereof and the
inferences one of ordinary skill in this art would have reasonably been expected to draw therefrom. In
re Fritch, 972 F.2d 1260, 1264-65, 23 USPQ2d 1780, 1782-83 (Fed. Cir. 1992); In re Preda,
401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).
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