Ex parte DICKERSON et al. - Page 2




          Appeal No. 1997-1752                                                        
          Application No. 08/451,379                                                  


               1.  A process for the preparation of colored toners                    
          consisting essentially of mixing a first toner consisting                   
          essentially of resin, pigment particles, charge additive, and               
          surface additives of zinc stearate and fumed silica, each                   
          present in an amount of from about 0.4 to about 0.8 weight                  
          percent, with a second toner consisting essentially of resin,               
          pigment particles, and charge additive, and wherein the                     
          resulting colored toners contain from about 0.2 to about 0.3                
          weight percent of said zinc stearate and from about 0.2 to                  
          about 0.3 weight percent of said fumed silica.                              
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Gruber et al. (Gruber)           4,965,158          Oct. 23, 1990           
          Nash et al. (Nash)               5,510,220          Apr. 23, 1996           
                                                      (filed Jan. 27, 1995)           
          Handbook of Imaging Materials 169 (Arthur S. Diamond ed.,                   
          Marcel Dekker, Inc. 1991) (Diamond)                                         
               Appellants' claimed invention is directed to a process                 
          for preparing colored toners.  The process involves mixing a                
          first toner, consisting essentially of resin, pigment, charge               
          additive and surface additives, with a second toner consisting              
          essentially of the same components minus the surface                        
          additives.  The surface additives of the first toner are zinc               
          stearate and fumed silica.                                                  
               Appealed claims 1, 4-25 and 28-33 stand rejected under                 
          35 U.S.C. § 103 as being unpatentable over Nash in view of                  
          Diamond and Gruber.                                                         

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