Ex parte FOURNIER et al. - Page 6




          Appeal No. 1998-0546                                                        
          Application No. 08/560,507                                                  

          connection either to ground or the source of negative                       
          potential.                                                                  
               As evidence that it would have been obvious to form                    
          Yoshikawa's conductive plastic housing of carbon-doped plastic              
          having a volume resistivity of less than 10  ohm-cms, the8                                
          examiner relies on Hasumi, which discloses a storage container              
          for integrated circuits.  Hasumi explains that whereas prior                
          art containers formed of synthetic resin have high resistivity              
          and thus experience static problems (Trans. at 1-2), Hasumi's               
          containers are made of carbon-doped styrene, polyethylene, or               
                                                              4      10               
          polypropylene having a volume resistivity of from 10  to 10                 
          ohm-cms, which is said to be suitably protective (Trans. at 3,              
          lines 8-22).  The portion of this range under 10  falls within8                           
          the claimed range.                                                          
               Appellants' complaint that one skilled in the art would                
          not have looked to Hasumi because it has "nothing at all to do              
          with a container for untransferred developer material and                   
          debris" (Brief at 5) is unconvincing for two reasons.  First,               
          because the only reference to collecting untransferred                      
          developer material and debris appears in the preamble's                     
          statement of intended use, which in our view is not entitled                

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