Appeal 2007-1025
Application 10/658,811
the monomer components of the copolymer have been chosen to have a high
Tg monomer, a low Tg monomer, and a hydrophilic monomer (Br. 12).
Appellants further argue that Tanaka does not provide examples relating to
the preparation of the copolymer of claim 11 (Br. 12).
A reference is not limited to the descriptions of the preferred
disclosure or the disclosure of the examples, all its portions must be
considered for what they disclose to one of ordinary skill in the art. A
person of ordinary skill in the art forming a toner composition comprising
the copolymer described in Tanaka’s claim 11 would have been practicing
the claimed invention. Tanaka discloses the suitability of forming a
copolymer comprising methyl methacrylate/butyl methacrylate/methacrylic
acid copolymer to a person of ordinary skill in this art (see columns 2 and 3).
Mehl/Biophile Int’l Corp. v. Milgraum, 192 F.3d 1362, 1366, 52 USPQ2d
1303, 1307 (Fed. Cir. 1999) (“ Where, as here, the result is a necessary
consequence of what was deliberately intended, it is of no import that the
article=s authors did not appreciate the results. ”)
temperature of the identified monomers. We will presume that the required
Tg is based upon a homo-polymer of the identified monomer.
4 Contrary to the arguments of the Brief, Appellants’ representative at the
Hearing indicated that the copolymer of Tanaka claim 11 did not meet the
requirements of the claimed invention. Appellants’ representative purported
to have evidence to support this position. However, such evidence was not
presented to the Examiner for review prior to this appeal. This evidence was
not accepted at the hearing and we have not considered it in deciding this
appeal.
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