Appeal 97-1804
Application 08/329,042
qualified to give expert opinion in the field of
photoconductors.
27. Dr. Nguyen states (First Declaration, ¶ 11):
I have physically examined binder layers for organic
photoconductors made according to the methods disclosed
in this application. These layers appear to be smooth,
continuous films without pores.
28. Dr. Nguyen, responding to the examiner's
rejection based on Hens, states (First Declaration, ¶ 13):
[A] necessary feature of an organic photoconductor layer
is that it be non-porous because pores in the layer will
adversely affect electrical charge acceptance and
retention.
29. Basically, Dr. Nguyen is saying that the compact
of Hens will not function as a OPC.
30. The examiner found that the addition of
"continuous, non-porous" was "new matter" and rejected the
claims on the ground that the claimed subject matter was not
described in the application, as filed (Final Rejection, Paper
14, page 2).
31. The examiner also maintained the anticipation
rejection based on Hens.
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