Appeal No. 2006-2693 Page 7
Application No. 09/000/330
the vinyl-based binder resin in the toner disclosed by Yoshikawa. That person would
have had a reasonable expectation of successfully obtaining an electrophotographic
color toner having the properties disclosed by Yoshikawa, as well as excellent
transparency.” Id., at pages 9-10.
In particular, the examiner argues that “the particular class of ‘vinyl-based
polymer synthetic resin’ . . . required by Yoshikawa for its invention is not critical. . . .
The point of Yoshikawa is that any vinyl-based polymer having appropriate properties
would have been recognized by a person having ordinary skill in the art as being
suitable for use as a toner binder resin in Yoshikawa’s invention.” Id., at pages 12-13.
In addition, the examiner notes that “Yoshikawa provides examples of useful vinyl-
based polymers, e.g., ethylene-based copolymers and alicyclic hydrocarbon resins,
both of which encompass the Minami low molecular weight ethylene-cycloolefin
copolymers. Similarly, the fact that Minami discloses that the low molecular weight
ethylene-cycloolefin copolymers of its invention have a multitude of uses does not
detract from Minami’s teachings that its low molecular weight ethylene-cycloolefin
copolymers are useful as toners.” Id., at pages 13-14. The examiner also argues that
“[e]ven without that express teaching, a person having ordinary skill in the art would
have recognized from the properties disclosed by Minami for its low molecular weight
ethylene-cycloolefin copolymers that they would have been useful as toner binder
resins.” Id., at page 14.
We agree with the examiner that the applied references support a prima facie
case of obviousness. As noted by the examiner, Yoshikawa discloses a developing
agent (i.e., toner) comprising a colorant, a vinyl-based binder resin, two polyolefin
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