Ex Parte NAKAMURA et al - Page 2


            Appeal No. 2006-2693                                                          Page 2              
            Application No. 09/000/330                                                                        

                   The binder resin includes a polyolefin resin having a cyclic structure, for example,       
            “a copolymer of an alpha olefin, such as ethylene, propylene or butylene, with an                 
            alicyclic compound having a double bond, such as cyclohexene or norbornene.”                      
            Page 4.  A diene may be copolymerized with the polyolefin resin.  Page 7.                         
                                                 Discussion                                                   
            1.  Claim construction                                                                            
                   Claims 16, 21, 24-30, and 35 are pending and on appeal.  With regard to the                
            obviousness rejection, the claims have been argued in four groups.  See the Appeal                
            Brief, pages 8-16.  We will focus on one claim from each group -- claims 16, 28, 29, and          
            30, each of which is representative of its group.  Claims 21, 24, and 35 stand or fall with       
            claim 16.  Claims 26 and 27 stand or fall with claim 29.  Claims 16, 28, 29, and 30 read          
            as follows:                                                                                       
            16. A toner for developing an electrostatically charged copier or printer image, the              
            toner consisting essentially of:                                                                  
                   a) a binder resin;                                                                         
                   b) a colorant which is carbon black, diazo yellow, phthalocyanine blue,                    
            quinacridone, carmine 6B, monoazo red or perylene; and                                            
                   c) a charge control agent,                                                                 
                   wherein the binder resin includes a polyolefin resin having a cyclic structure,            
            wherein the polyolefin resin is a copolymer derived from an alpha-olefin, an alicyclic            
            compound having one double bond and, optionally, a diene monomer, and wherein the                 
            electrostatically charged copier or printer image is fixed by the action of a heated roller.      










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