Appeal No. 2004-2008
Application No. 09/955,030
re Piasecki, 745 F.2d 1468, 1471-1472, 223 USPQ 785, 787-788 (Fed. Cir. 1984).
We will limit our discussion to claim claims 13 and 34, the only independent
claims.
Rather than reiterate the conflicting viewpoints advanced by the
Examiner and the Appellants concerning the above-noted rejections, we
refer to the Answer and the Briefs
The subject matter of claims 13 and 34 require, inter alia, an exterior
surface layer to contain tantalum doped tin oxide having a mean particle
size of 0.3 to 1.0 micro-meters.
Appellants argue that a person of ordinary skill in the art would only
use Ta-doped tin oxide in the manner disclosed in Bergmann and not in a
protective layer for an electrophotographic photoconductor as disclosed
in Rokutanzono. (Brief, pp. 7 and 8).
Rokutanzono, column 2, discloses the use of metal and metal oxide,
as resistivity controlling agents, in the surface layer of photosensitive
members was known by persons of ordinary skill in the art. Rokutanzono,
discloses that having transparent protective layers is desirable.
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