Ex parte SATA et al. - Page 2




               Appeal No. 1998-0468                                                                                                
               Application No. 08/291,825                                                                                          

                                                        BACKGROUND                                                                 

                       The invention is directed to a binder resin for a toner having  (i) a hybrid resin made                     
               of a polyester resin and a vinyl resin as a matrix and (ii) a vinyl resin having a positive                         
               charge functional group as a dispersed domain within the above described matrix.  Claim 1                           
               which is representative of the invention is reproduced below:                                                       
                       1.   A binder resin for a toner comprising:                                                                 
                       (a) a resin (1) which forms a matrix in the toner, said resin (1) being a hybrid                            
                       resin of a polyester resin and a vinyl resin; and                                                           
                       (b) a resin (2) which forms a domain dispersed in the matrix formed by the                                  
                       resin (1), said resin (2) being a vinyl resin having a positive charge functional                           
                       group.                                                                                                      
                       As evidence of obviousness, the Examiner relies on the following references:                                
               Niki et al. (Niki)                    EP 0367265              May 9, 1990                                           
               European Patent Application                                                                                         
               Kawabe et al. (Kawabe)                EP 0479275                     Apr. 8, 1992                                   
               European Patent Application                                                                                         
                                                      THE REJECTION                                                                

                       The Examiner entered the following ground of rejection:                                                     
                       Claims 1-10 are rejected as unpatentable under 35 U.S.C. § 103 over the                                     
               combination of Kawabe and Niki.  (Examiner’s Answer, page 3).                                                       




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