Ex Parte Moriyama et al - Page 10

                 Appeal 2007-1855                                                                                                        
                 Application 10/815,650                                                                                                  
                 line reproducibility, and fineness of texture” as compared to Comparative                                               
                 Examples with “only carbon black as the colorant” (id. 8-12 and Tables 1-3).                                            
                        Machida’s Working Example 3 includes toners (6), (7), and (8) which                                              
                 have the same composition as Working Example 1 except “the average                                                      
                 particle diameter of the activated carbon was changed to 1.0 �m, 7.5 �m,                                                
                 and 10 �m,” respectively (id. 12 and Table 3).  Machida discloses in Table 3                                            
                 that toners (1) and (6) with active carbon having average particle sizes                                                
                 4.5 �m, and 1.0 �m, respectively, exhibited “no occurrence after 50,000                                                 
                 copies” of “fogging,” while toners (7) and (8) with active carbon having                                                
                 average particle sizes 7.5 �m, and 10.0 �m, respectively, exhibited                                                     
                 “fogging” with “slight occurrence after 40,000 copies” and “occurrence after                                            
                 10,000 copies,” respectively (id. 12 and Table 3).                                                                      
                        Machida discloses “[f]rom Table 3 it can be seen that in toners (1) and                                          
                 (6), in which an average particle diameter of less than 5 �m was used, the                                              
                 fogging and filming conditions were good, but in toners (7) and (8), which                                              
                 used particles greater than 5 �m, fogging and filming occurred,” thus                                                   
                 concluding “the average particle diameter of the activated carbon in the                                                
                 present invention should be no more than 5 �m” (id. 13).                                                                
                        The written description in the Specification includes the following:                                             
                        When the volume-based median particle size of the charcoal                                                       
                        powder is larger than 5.6 �m, it is difficult to contain the                                                     
                        charcoal powder in the toner.  Also, when the coefficient of                                                     
                        variation exceeds 80%, the state of dispersion of the charcoal                                                   
                        powder in the toner is inhomogeneous.  Therefore, when these                                                     
                        requirements are not satisfied, not only the degree of are [sic]                                                 
                        blackness and the covering strength considerably lowered but                                                     
                        also the chargeability is adversely affected, thereby resulting in                                               
                        the lowering of the image quality.                                                                               
                 Id. 3:9-16.                                                                                                             

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