Ex Parte TAVERNIER et al - Page 2



          Appeal No. 1998-2128                                                        
          Application No. 08/628.281                                                  
          Page 2                                                                      
                                     BACKGROUND                                       
               Appellants’ invention is illustrated by claim 1, reproduced            
          below:                                                                      
               1. Dry toner particles comprising a toner resin, wherein:              
               (i)    said toner resin includes a mixture of two polymers             
                      (A and B), said polymers A and B being chosen such              
                      that an extruded slab with thickness 250 µm of a                
                      50:50 mixture of both has a transmission density                
                      (DM) being between 0.10 and 1.00 higher than the sum            
                      of half the transmission density of a 250 µm                    
                      extruded slab of polymer A alone (DA) and half the              
                      transmission density of a 250 µm extruded slab of               
                      polymer B alone (DB),                                           
               (ii) said polymer A being a polyester and said polymer B               
                      being a polyester or a styrene-acrylic copolymer                
                      having a styrene content of more than 70 mol % and a            
                      weight average molecular weight (MW) such that                  
                      7,000 < MW < 50,000,                                            
               (iii) said polymers A and B, included in said toner resin,             
                      are mixed in a weight ratio 5:1 to 1:5 and                      
               (iv) said mixture of said two polymers A and B makes up                
                      at least 25 % by weight of said toner resin.                    
               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Horie                       4,837,138           Jun. 06, 1989             
          Morimoto et al. (Morimoto)    5, 234, 787         Aug. 10, 1993             

               Claims 1-4, 6, and 7 stand rejected under 35 U.S.C. § 102(b)           
          as being anticipated by Horie.                                              
               Claims 1-4 and 6-11 stand rejected under 35 U.S.C. § 102(e)            
          as being anticipated by Morimoto.                                           
                                                                                     





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