Appeal No. 96-3946
Application No. 08/208,317
In other words, each of the two coating layers includes
microspheres with an average particle diameter of at least
about 1 micron. Miyamoto discloses (column 5, line 46-column
6, line 9):
In an embodiment of the invention in which the
ink receptive layer is composed of two or more
strata, it is necessary that the pore radius
distribution of the uppermost layer shows at least
one peak at 0.2 to 10 µm. This requirement can be
met by coating with a particulate pigment of 1 to 50
µm in average size . . . It is, therefore,
necessary to dispose an intermediate layer (second
layer) of a large ink-receptive capacity, in which
layer the total pore volume of pores of 0.05 µm or
below in size is 0.2 ml/g or above. To provide such
an intermediate layer, a pigment having a particle
size of 0.2 µm or below is coated by various means
to form a layer. (emphasis added)
Thus, Miyamoto requires at least one layer with particles with
an average diameter of 1 to 50 µm and a second layer with
particles having an average diameter of 0.2 µm or below.
The examiner contends (Answer, page 6) that Miyamoto
discloses an average particle size of 1-50 microns for each of
two layers. She focuses on the phrase "two or more strata" in
Miyamoto, asserting that "or more" suggests a device with two
of the first layer and therefore two layers with particles of
diameter 1 to 50 µm. We agree that Miyamoto suggests a
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