Appeal No. 1997-1801
Application 08/351,162
prior art product does not inherently possess the characteristics of the claimed product and that there are
unobvious differences between the claimed product and the prior art product. Thorpe, 777 F.2d at 697,
227 USPQ at 966; In re Fitzgerald, 619 F.2d 67, 70, 205 USPQ 594, 596 (CCPA 1980); In re Best,
562 F.2d 1252, 1255, 195 USPQ 430, 433-34 (CCPA 1977); Brown, 459 F.2d at 535, 173 USPQ at
688.
B.
The examiner has found that each of the Tomanek, Nakano and Anderson patents teach a color
toner which includes a mixture of at least two different colored powders which fall within claims 13 and 14.
Tomanek relates to developer compositions which have two distinguishable toners. Tomanek, col.
1, lines 50-54. The toners may be distinguishable by color. Tomanek, col. 1, lines 55-62. Examples 1-3
describe two-color toners and a method of making the toners. Each of the toners is separately made,
ground in a ball mill and sieved to recover powders having the desired particle size. The powders are then
mixed using glass balls to obtain the final two-color toner. Tomanek, col. 4, line 41 - col. 6, line 18.
Nakano describes a grey toner which is the mixture of a powdered black toner and a powdered
white toner. The two toner powders are separately made and subsequently mixed. Nakano, col. 8, line
40 - col. 9, line 5.
Anderson relates to toners which are the comixture or blend of two or more different colored
powdered toners. Anderson describes a process where two or more toner powders of different colors
are comixed or blended in the presence of a blend compatibility additive. Anderson col. 4, line 68 - col.
5, line 10. Example 1 describes a two-color toner made by extruding the individual toners into pellets
(strands) and subjecting the pellets to grinding and size classification to remove fines. The individual
powders were then mixed and blended. Prior to mixing a blend compatibility component was added to
each toner powder. Anderson, col. 12, line 67 - col. 13, line 41.
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