Appeal No. 1999-2383
Application No. 08/573,487
According to appellants, the invention is directed to an
electrophotographic transfer paper comprising a base paper and a
coating layer, where the coating layer is provided on at least one
side of the base paper and includes a pigment and a binder (Brief,
page 2). The pigment used in the coating layer comprises calcium
carbonate with an average particle size of 1.5 to 8.0 microns, and
the transfer paper has an air permeability (AP) of 10 to 90
seconds, a coefficient of paper-to-paper friction of 0.5 to 0.9
at 28EC. and 85% relative humidity, and a smoothness of 60 to 300
seconds (id.). A copy of illustrative independent claim 1 is
attached as an Appendix to this decision.
The examiner has relied upon Hosomura et al. (Hosomura), U.S.
Patent No. 4,778,711, issued Oct. 18, 1988, as evidence of
obviousness. Accordingly, the claims on appeal stand rejected
under 35 U.S.C. § 103(a) as unpatentable over Hosomura (Answer,
page 3). We reverse the examiner’s rejection for reasons stated2
2The rejection, as restated on page 3 of the Answer,
actually recites “Hosomura et al-4,778,487.” However, the
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