Appeal No. 1997-1592
Application No. 08/325,566
(Col. 9, line 55 to col. 10, line 20). These sleeves were then used as developer-retaining members in a
developing device. (Col. 10, lines 39-45). Of note, sleeves 2, 3 and 4 had resistances ranging from 1
x 10 to 1 x 10 ohms. (Col. 10, table 1).7 9
Opinion
The examiner has rejected claims 5, 6 and 8-13 under 35 U.S.C. § 103(a) as unpatentable
over Aizawa. The examiner cites Aizawa as disclosing a structure comprising a main body of
aluminum, an aluminum oxide layer formed by anodization of the main body and a surface layer of a
synthetic resin having carbon black dispersed therein. (Examiner’s Answer, p. 4). According to the
examiner, the porosity of the anodized layer is inherent in the Aizawa structure as aluminum oxide layers
formed by anodization are porous unless the layer is further treated to seal the pores. (Examiner’s
Answer, p. 4).
The examiner recognizes that Aizawa does not explicitly disclose the particle size of the carbon
particles in the surface layer. Yet, the examiner concludes that absent a showing of criticality for this
size limitation, the particle size would have been within the general skill of a worker in the art at the time
of the invention to determine usable and optimum sizes for the particles dispersed in the surface layer.
(Examiner’s Answer, p. 4). Furthermore, the examiner cites Kirk-Othmer as disclosing average
particle diameters for carbon black of less than 5 Fm. (Examiner’s Answer, p. 6).
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