Appeal No. 96-3803
Application No. 08/128,245
Appealed claims 10-17 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by either Imai or Aita. Also,
the appealed claims stand rejected under 35 U.S.C. § 102(e) as
being anticipated by either Hikake or Inoue. In addition,
claims 10-17 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Imai, Aita, Hikake or Inoue in view of
Konishiroku.
Upon careful consideration of the opposing arguments
presented on appeal, we will not sustain the examiner's
rejections.
We consider first the examiner's rejection of claims 10-
17 under § 102 over either of Imai, Aita, Hikake or Inoue.
While each of the references discloses a developer composition
comprising inorganic microparticles having a particle size
diameter less than about 10 microns, the examiner recognizes
that none of the references discloses the claimed BET surface
area, methanol value or the ratio of apparent density/bulk
density. However, since the references disclose the same
material for the inorganic microparticles as taught by
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