Appeal 2007-1855
Application 10/815,650
CHEMICAL INDUSTRIES, LTD.)”’ (Specification 4:13-18). The CV is
disclosed as the “standard deviation/D50 x 100” based on the volume-based
median particle size (D50), both of which can be “determined with a Coulter
counter ‘Coulter Multisizer II’” following the disclosed method (id. 13-15).
Stated another way, “the volume-based median particle size (D50) refers to a
particle size at which the cumulative volume frequency (%) based on the
particle size from the small particle size side is 50%” (id. 3). Dependent
claim 5 specifies “the toner has a dielectric loss tangent of 0.01 or less.”
Machida would have disclosed to one of skill and one of ordinary skill
in this art a toner containing a binder and a colorant, the latter containing
activated carbon that can “be any type . . . such as coconut shells, wood
carbon, etc.,” wherein “[t]he particle size of the activated carbon should be
approximately 5 µm or less” and “[c]ommercially sold activated carbon may
also be used without pretreatment” (Machida 3-4).
Machida’s Working Examples 1 and 2 use an activated carbon “[s]old
as Shirawashi A-1 by Takeda Pharmaceutical Industries K.K.” (id. 8).
Machida discloses blending all of the toner ingredients into a mixture that is
first coarse pulverized and then jet pulverized to obtain “a toner (1) having a
particle diameter of 4 to 20 µm and an average particle diameter of 11.5 µm”
in Working Example 1 and “a toner (2) having a mean particle diameter of
11.4 µm” in Working Example 2 (id. 8-9). The “active carbon particle
diameter (µm)” of the charcoal powder used in toners (1) and (2) of Working
Examples 1 and 2, respectively, is 4.5 µm (id. 12 and Table 3). Machida
discloses the charge amounts of the toners of Working Examples 1 and 2 are
“stabilized” and copy images had “excellent graduation reproducibility, fine
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