Appeal 2007-1855
Application 10/815,650
Appellant Moriyama testifies the commercial activated carbon powder
“Shirasagi A-1 was measured with a laser diffraction particle size analyzer
SALD-2000J, . . . and found to have a volume-based median particle size
(D50) of about 39.605 µm” (Moriyama Declaration ¶ 4,
see ¶¶ 3 and 6; see above p. 3). Appellant Moriyama testifies “[w]hile the
SALD-2000J is different from the Coulter Multisizer II described in the . . .
application for measuring (D50), it would be expected, nevertheless, that the
(D50) using the Coulter Multisizer II would have been of the same order of
magnitude, and greater than the maximum of 5.6 µm of the present claims”
(Moriyama Declaration ¶ 5).
Appellant Moriyama testifies:
In Working Example 3 of Machida, there is no disclosure that
toners (1), (6), (7) and (8) were produced from different
charcoal powder starting materials. Thus, it is presumed that
the Shirasagi A-1 was pulverized so as to be adjusted to have
the desired particle size used. The coefficient of variation (CV)
value can be freely adjusted by conditions of pulverization so
that the CV value of the charcoal powder used in the examples
of Machida cannot be presumed. To that end, the following
experiments were conducted under my supervision and/or
control.
Id. ¶ 7 (original emphasis omitted).
Appellant Moriyama testifies “[a] toner was prepared using the same
raw materials as in [Specification] Comparative Example 1” according to a
method in which a commercial wood-based activated carbon “charcoal
powder ‘Taiko Activated Carbon SA 1000SA” having a D50 of 5.59 µm and
a CV of 88.2% is first melt-kneaded with Resins A and B to obtain a
“masterbatch” that is then combined with larger amounts of the resins and a
number of additional ingredients, and the resulting mixture pulverized to a
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