Appeal 2007-1855
Application 10/815,650
Claim 1 illustrates Appellants’ invention of a toner for electrostatic
image development, and is representative of the claims on appeal:
1. A toner for electrostatic image development, comprising:
a resin binder; and
a colorant comprising a charcoal powder, wherein the charcoal
powder has a volume-based median particle size (D50) of 5.6 µm or less, and
a coefficient of variation of 80% or less.
The Examiner relies on the evidence in these references:
Machida (as translated)1 JP 61-203463 A Sep. 9, 1986
Nanya US 5,079,123 Jan. 7, 1992
Aoki US 6,383,705 B2 May 7, 2002
Grant, “activated,” Grant & Hackh’s Chemical Dictionary 14 (5th ed.,
McGraw-Hill Book Company, New York. 1987).
Diamond, Handbook of Imaging Materials 160-63 (Marcel Dekker, Inc.,
New York, 1991).
Appellants request review of the following grounds of rejection (Br.
3) advanced on appeal:
claims 1 through 3, 5, 9 and 10 under 35 U.S.C. § 102(b) as anticipated by
or, in the alternative, under 35 U.S.C. § 103(a) as being obvious over
Machida evidenced by Grant, Diamond, and Appellants’ disclosure in the
Specification at page 3, lines 10-16; page 11, line 23, to page 12, line 1; and
Table 1 (Answer 6-10);
claim 4 under 35 U.S.C. § 102(b) as anticipated by or, in the alternative,
under 35 U.S.C. § 103(a) as being obvious over Machida evidenced by
Grant and Appellants’ disclosure in the Specification at page 3, lines 10-16;
page 11, line 23, to page 12, line 1, and Table 1 (id. 10-12);
claim 6 under 35 U.S.C. § 103(a) as unpatentable over Machida evidenced
by Grant, Appellants’ disclosure in the Specification at page 3, lines 10-16;
page 11, line 23, to page 12, line 1; and Table 1, and Aoki (id. 12-13); and
1 We refer to the translation of Machida prepared for the USPTO by
Diplomatic Language Services, Inc. in October 1997 and relied on by the
Examiner (Answer, e.g., 6).
2
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