Appeal No. 1998-3320
Application 08/417,017
percentages of conductive powder based not only on the solids
in the binder but also upon the total binder. Such
percentages would be considerably below 67% in compositions
which include a large amount of volatile material in the
binder resin, such as Tsunaga’s exemplified binder resin which
is 60 wt% solids (col. 4, lines 27-28). Moreover, the
teaching that the proportion of electrically conductive powder
can be chosen from a rather broad range would have indicated
to one of ordinary skill in the art that proportions which are
above or below the preferred range to a considerable degree
would be suitable, such as 40 wt%. Hence, we are not
persuaded by the appellants’ argument that Tsunaga is limited
to compositions which contain at least 67 wt% electrically
conductive powder (brief, page 10). Accordingly, we affirm
the rejection of claim 18 and claims 19 and 20 which stand or
fall therewith.
DECISION
The rejections under 35 U.S.C. § 103 of claims 1-13 over
Tsunaga in view of EP ‘557 and Maeda, and claims 14 and 16-20
over these references further in view of Baigrie, are
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