Appeal No. 2000-0335
Application No. 08/780,551 Page 15
space between electrodes 3 and 1. Appellants assert that toner
particles are not free to move between electrodes 1 and 3 because
the area between the second and third electrodes are filled with
insulating member 2. Appellants further argue that opening 4 in
Fujii is simply a hole through the electrode/insulating member
sandwich, and that there is nothing in appellants' disclosure or
the plain meaning of "between" that suggests the device of Fujii
is configured to allow free movement of toner particles between
electrodes 3 and 1. Moreover, appellants argue (brief, page 9)
that the toner particles in Fujii move through the electrodes via
opening 4, not between the electrodes.
From our review of Fujii, we agree with the examiner
(answer, page 5) that the broad terminology "between" includes
the entire surface around the second and third electrodes. Fujii
discloses (col. 5, line 67 through col. 6, line 2) that “the
condensed toner 11a contacts the wall of the insulating members 2
between the insulating members 2 and the signal electrodes 1 as
it passes through the opening 4. ” Although Fujii discusses
movement of the toner in the context of condensed toner being
clogged in opening 4, Fujii specifically uses the term "between"
to describe movement of toner in the opening 4 between insulating
member 2 and signal electrode 1. We find from this disclosure
that Fujii suggests that movement of toner 11 between base
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