Ex Parte Livengood et al - Page 2




          Appeal No. 2003-2157                                                        
          Application No. 09/885,311                                                  


          pending in this application and stands allowed (Brief, pages 1 and          
          5; Answer, page 2).  We have jurisdiction pursuant to 35 U.S.C.             
          § 134.                                                                      
               According to appellants, the invention is directed to a toner          
          comprising a blend of binder resin, coloring matter, a charge               
          control agent, and wax which functions to facilitate clean release          
          of toner from a hot fuser member (Brief, page 2).  Appellants’              
          invention is employing random copolymers as a compatibilizer to             
          reduce the separation between the wax and the resin (Brief, page            
          3).                                                                         
               Appellants state that the claims stand or fall together                
          (Brief, page 5).  Accordingly, we select one claim from each ground         
          of rejection and decide this appeal on the basis of these claims            
          alone.  See 37 CFR § 1.192(c)(7)(2000); and In re McDaniel,                 
          293 F.3d 1379, 1383, 63 USPQ2d 1462, 1465 (Fed. Cir. 2002).                 
          Representative independent claim 1 is reproduced below:                     
               1.  A toner composition comprising:                                    
                    a)   a primary resin having a polymeric structure                 
          comprising at least one distinct repeating structural unit;                 
                    b)   at least one wax release agent having a polymeric            
          structure comprising at least one distinct repeating structural             
          unit; and                                                                   



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