Appeal No. 1997-0006
Application 08/409,946
photoconductor with X-metal-free phthalocyanine (FASTOGEN BLUE 8120B from Dainippon Ink
and Chemicals Inc.) in Figure 1” (id., lines 31-36). Further, in this respect, we agree with the
examiner’s finding that Kobata would have taught one of ordinary skill in this art to use an X-form, non-
metal, unsubstituted phthalocyanine in the charge generating layer of a laminated organic photosensitive
material (e.g., col. 2, lines 33-51).
Thus, we find that one of ordinary skill in this art, armed with the knowledge in the art at the
time the claimed invention was made with respect to the desirability of X-form, unmetallized, substituted
and unsubstituted phthalocyanine pigments, would have readily recognized that such pigments are
included within the X-form phthalocyanine pigments that Tamura teaches are known and would have
been led by this reference to prepare the X-form of other phthalocyanine pigments, including the
unmetallized, cyano substituted phthalocyanine pigments as well as mixed crystals containing the same,
taught in the reference to be used in photoconductive layers (e.g., col. 3, lines 38 and 53-58). While
Tamura is silent as to the position of the cyano substituent on the benzene nuclei of the phthalocyanine
compound, we must agree with the examiner that one of ordinary skill in this art would have recognized
that such a substituent must necessarily occupy either the ortho or the metal position, which are the only
two available positions available for substitution on said nuclei, and, on this record, would thus have
reasonably selected either position. Indeed, we observe that appellants admit in their specification that
phthalocyanine pigments containing ortho cyano substitution on the benzene nuclei were known at the
time the claimed invention was made (page 11, lines 26-27), and it is apparent on this record that
methods for preparing the X-form of unmetallized, substituted phthalocyanines was also known and
used in this art.
Therefore, in comparing the claimed electrophotographic recording material with the combined
teachings of Tamura and Kobata based on this evidence, we agree with the examiner that, prima facie,
one of ordinary skill in this art following the teachings of Tamura would have reasonably selected from
the disclosure thereof an unmetallized phthalocyanine derivative, in which the benzene nuclei are
substituted in the ortho position with cyano groups, that is in the X-crystalline form for combination
with an unmetallized, unsubstituted phthalocyanine, either by mixing or in the form of a mixed crystal,
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