Ex parte LAW et al. - Page 2

                   Appeal No. 1996-1362                                                                                                                             
                   Application 08/234,074                                                                                                                           

                            Claim 1 is illustrative of the subject matter on appeal and reads as follows:                                                           
                            1.        A toner composition consisting essentially of resin, pigment, optional charge                                                 
                   additive and a flow aid surface additive comprised of hydrophobic silica of a size diameter                                                      
                   of from about 5 to about 40 nanometers, and which silica has been treated with a long                                                            
                   chain aliphatic alcohol, and which long chain aliphatic alcohol has a carbon chain length of                                                     
                   from 16 to 18 carbon atoms.                                                                                                                      
                            The references presently relied upon by the examiner are:                                                                               
                   Tomono et al. (Tomono)                          5,023,158                              June 11, 1991                                             
                   Creatura                                        5,102,769                              April    7, 1992                                          
                   Jugle et al. (Jugle)                            5,171,653                              Dec.  15, 1992                                            
                   Ketcham et al. (Ketcham)                        5,175,132                              Dec.  29, 1992                                            
                   Ong et al. (Ong)                                5,332,636                              July   26, 1994                                           
                                                                                                (filed April   19, 1993)                                            
                   Akiyama et al. (Akiyama)                        5-165250                               July     2, 1993                                          
                   (Japanese Kokai)                                                                                                                                 
                   Matsumura et al. (Matsumura), 63-174068                                                July 18, 1988                                             
                   (Japanese Kokai)                                                                                                                                 

                            1The examiner in his answer and appellants in their principal and reply briefs have                                                     
                   referred to the Translation of JP Kokai 5-165250 provided to the PTO by Schreiber                                                                
                   Translations in November 1994.  In considering the issues in this appeal, we also have                                                           
                   relied on the translation of this reference.                                                                                                     
                            2While the examiner indicates at page 2 of the Supplemental Examiner's Answer of                                                        
                   April 28, 2000 (Paper No. 27) that "The rejection is maintained for the combination                                                              
                   considering Matsumura (CA113:106409g) as the primary reference for reasons given in                                                              
                   the Answer. . . .," the examiner cites to portions of the full translation of the underlying                                                     
                   Japanese Kokai in support of the rejection under 35 U.S.C.  103.  In considering the                                                            
                   issues presented by this appeal, we refer to the translation of this document prepared for                                                       
                   the PTO by The Ralph McElroy Translation Company in April, 2000.                                                                                 

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