Appeal No. 1997-1592
Application No. 08/325,566
Special Black #4 as having an average particle size of 25 nanometers, i.e., 0.025 Fm. (‘004, col. 6,
lines 66-68, ‘272, col. 7, lines 4-6 and ‘118, col. 6, lines 66-68). 2
One skilled in the art reading Aizawa, and armed with the fact that Special Black No. 4 from
DeGussa had a particle size of 0.025 Fm, would have understood Aizawa’s developer-retaining
member sleeves of examples 1 to contain: 1) a main body of aluminum and an aluminum oxide layer
formed by anodization; and 2) a viscous composition applied to the surface having: a) a vinyl chloride
copolymer; and b) a carbon black having an average particle size of 0.025 Fm. Additionally, Aizawa
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describes sleeves 2, 3 and 4 as having resistances ranging from 1 x 10 to 1 x 10 ohms. (Col. 10,
table 1).
Appellant’s independent claim 5 contains the preamble “an electrophotographic charging
member.” The terms appearing in a preamble may be deemed a limitation of a claim where the
preamble gives meaning to the claim and properly define the invention. Although no litmus test exists as
to what effect should be accorded to words contained in a preamble, a review of the specification in its
entirety should be made to determine whether appellant intended such language to represent an
additional structural limitation or mere introductory language. In re Paulsen, 30 F.3d 1475, 1479, 31
USPQ.2d 1671, 1673 (Fed. Cir. 1994).
2Additionally, Hirayama, which is not prior art, also describes DeGussa Special Black #4 as
having an average particle size of 0.025Fm. (Hirayama, col. 17, lines 24-26).
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