Appeal No. 1999-2383
Application No. 08/573,487
on pages 7-9 of the Brief, pages 1-4 of the Reply Brief, and the
reasons set forth below.
OPINION
The examiner finds that Hosomura discloses electro-
photographic image transfer paper comprising a paper sheet with a
coating layer including a binder and a pigment, where the pigment
includes both calcium carbonate and kaolin clay with a particle
size of 1.5 microns or less (Answer, page 3). The examiner further
finds that Hosomura teaches that the transfer paper has a surface
roughness of not more than 2 microns, an electrical resistivity of
at least about 8x10 ohms at 20EC. and a relative humidity of 85%,8
and an air permeability of less than or equal to 4000 seconds
(id.).
The examiner concludes that “[a] 103 rejection has been
established since the selection of 10-90 seconds in air
permeability (AP) has to made [sic] from the range of less than
4000.” Answer, page 4. The examiner considers this selection to
have been obvious “since the reference does not put particular
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