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. -2-Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007