Appeal No. 1998-0468
Application No. 08/291,825
(addition) polymerization. The condensation and addition polymerization reactions are
conducted in the same reactor. (Page 3, lines 56-59). Kawabe discloses the binder resin
can be produced by adding the vinyl resin along with a polymerization initiator to a mixture
of raw monomers for the polyester. Kawabe discloses the binder resin can be used in toner
preparations with a colorant, a charge control agent and magnetic material. (Page 6, line 41
to page 7, line 30). Kawabe does not indicate that the binder has properties which are the
same as a polyester binder.
Niki discloses an electrophotography developer which comprises a carrier, toner
particles, and a binder resin. The binder resin comprises (A) a polyester resin and (B) a
styrene-acrylic resin obtained by polymerizing in the presence of a copolymerizing
monomer having an amino group. (Page 4, lines 14-18). Niki discloses the combination of
the polyester resin (A) and the styrene-acrylic resin (B) provide positively charged dry
developers with improved stability. (Page 4, line 1-5). To establish a prima facie
case of obviousness, an examiner must explain why the teachings of the prior art would
have suggested the claimed subject matter to one of ordinary skill in the art. See In re
Rinehart, 531 F.2d 1048, 1051, 189 USPQ 143, 147 (CCPA 1976).
The Examiner asserts “EP ‘265 [Niki] teaches styrene/acrylic resins having a
copolymerized amino group containing monomer as charge control agents for
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