Appeal No. 1997-1592
Application No. 08/325,566
composition.” (Kirk-Othmer, Vol. 4, p. 636, emphasis added). Moreover, Kirk-Othmer does not
teach or suggest that carbon blacks produced by any known process will inherently have a particle size
of 5 Fm or less. Furthermore, Kirk-Othmer does not teach or suggest that carbon blacks for coating a
developer-retaining member sleeve, such as that described by Aizawa, will have a particular particle
size, let alone the claimed 5 Fm or less particle size. Accordingly, the examiner has failed to establish
that Aizawa, alone or in combination with Kirk-Othmer would have motivated one skilled in the art to
select the claimed 5 Fm or less particle size for Aizawa’s carbon black.
Observation
We reverse the examiner’s rejection of claims 5, 6 and 8-13 as unpatentable over Aizawa as
the examiner has failed to demonstrate that Aizawa, alone or in view of Kirk-Othmer, suggests the use
of a carbon black having a particle size of 5 Fm or less. As discussed above, Aizawa does not recite a
particle size for the carbon black particles dispersed in the synthetic resin surface layer. Aizawa does,
however, describe and exemplify the use of “Special Black No. 4" a carbon black powder which is a
product of DeGussa. (Aizawa, col. 10, lines 10-11).
The Pengilly ‘004, ‘272 and ‘118 patents describe polyesters having improved infrared light
absorption capacity which is obtained by the incorporation of carbon black. (‘004, col. 1, lines 6-9,
‘272, col. 1, lines 10-12 and ‘118, col. 1, lines 11-13). The Pengilly patents describe DeGussa
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