Appeal No. 2002-1838
Application 09/631,765
4). Latone discloses that the urethane foam may be impregnated with
"silicone oil" to facilitate adhesion of the toner material to the
urethane foam sleeve. The examiner recognizes that the silicone oil
disclosed by Latone is not described as "a paste comprising a
silicone oil."
The examiner relies on the disclosure of Dowlen et al.,
assigned to Lexmark International, Inc., the assignee of the real
party in interest of this application, for the disclosure of the
specific, preferred silicone copolymers used by appellants as the
"paste comprising a silicone polymer" for impregnating the porous
member in claim 17. The examiner reasons that it would have been
obvious:
to have provided for a silicone oil copolymer in Latone in
order to utilize its heat stability as taught by Dowlen et
al., ('424) and to have provided for the copolymer formulated
as a paste in order to make it easier to apply as taught by
Dowlen et al. ('424).
For reasons which follow, we shall reverse this rejection.
In the first instance, Latone does not provide for
impregnating the urethane foam with a "paste comprising a silicone
copolymer" but only, generically, provides for a silicone oil as
useful. There is neither any other description in Latone of useful
"silicone oils" nor any guidance whatsoever provided in Latone for
how to select useful "silicone oils" save for their useful property
of facilitating adhesion of toner to the roller. Dowlen et al., on
the other hand, discloses that silicone oils are "typically used to
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