Appeal No. 96-1122
Application 08/087,134
Under the provisions of 37 CFR
§ 1.196(b), we introduce a new ground of rejection of claims
2, 3, 11, 22 and 23.
Rejection under 35 U.S.C. §§ 102(a) and (e) over Ueda
Ueda discloses an electrophotographic photosensitive
member having a photosensitive layer which comprises, as a
main component, a styryl compound having a specified general
formula wherein group “A”, which corresponds to “Ar’” in the
formula in appellants’ claim 2, is “an alkylene group, an
aralkylene group, an arylene group or a bivalent heterocyclic
group, each of which may have a substituent” (col. 1, lines 9-
13; col. 1, line 53 - col. 2, line 9).
The examiner argues that “‘A’ may be aralkylene or
arylene, which reads on diphenylene, either of which may have
a substituent” (answer, page 3). As acknowledged by the
examiner (see id.), Ueda does not disclose that group “A” can
be diphenylene. Furthermore, the examiner has not explained,
and it is not apparent, why the disclosure in Ueda that group
“A” can be arylene, along with any preferences ascertainable
from the remainder of Ueda’s disclosure, would have led one of
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