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)
1
Akiyama et al. (Akiyama) 5-165250 July 2, 1993
(Japanese Kokai)
2
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.
2
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