Appeal No. 96-0473
Application No. 08/082,727
Crystal discloses a toner comprising a soft polymer component dispersed in a tough polymer
matrix in a plurality of discrete domains by use of a block and/or graft copolymer dispersing agent, the
copolymer dispersing agent having one component identical to the dispersed
soft component and a second component identical to the tough matrix component (col. 4, lines
33-60). The soft polymer has a glass transition temperature of less than about 30EC, preferably from
about -50E to about 10EC, and more preferably from about -50E to about 0EC (col. 3, lines 34-38).
To establish a prima facie case of obviousness, three basic criteria must be met. First, there
must be some suggestion or motivation, either in the references themselves or in the knowledge
generally available to one of ordinary skill in the art, to modify the reference or to combine reference
teachings. Second, there must be a reasonable expectation of success. Finally, the prior art reference
(or references when combined) must teach or suggest all the claim limitations. The teaching or
suggestion to make the claimed combination and the reasonable expectation of success must both be
found in the prior art, and not based on the applicants’ disclosure. In re Vaeck, 947 F.2d 488, 493,
20 USPQ2d 1438, 1442 (Fed. Cir. 1991).
Here, the claimed invention requires a core component comprising a dispersion of at least two
materials, i.e., a liquid continuous phase and a disperse phase containing a resin, wherein the dispersion
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