Appeal No. 96-3803
Application No. 08/128,245
Hence, simply stated, appellants' specification data
demonstrates that one of ordinary skill in the art may
formulate developer compositions comprising AEROSIL and CAB-O-
SIL of the applied references and not inherently or
necessarily obtain developer compositions within the scope of
the appealed claims.
Turning to the examiner's § 103 rejection of the appealed
claims over Imai, Aita, Hikake or Inoue in view of
Konishiroku, Konishiroku's disclosure of the claimed apparent
density/bulk density ratio does not remedy the basic
deficiency of the primary references discussed above. The
examiner's § 103 rejection is erroneously based on the
presumption that the inorganic microparticles of the primary
references inherently exhibit appellants' claimed BET surface
and methanol value.
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