Appeal 2007-1855
Application 10/815,650
volume average particle size of 10 µm which was combined with further
ingredients to obtain a toner (Moriyama Declaration ¶ 8). We find this
method differs from that of Specification Example 1 in which all of the same
toner ingredients, including the same commercial wood-based activated
carbon, were simultaneously mixed followed by pulverization to a volume
average particle size of 10 µm which was combined with further ingredients
to obtain a toner (Specification 18).
Appellant Moriyama testifies “[t]he dielectric loss tangent (tan d) of
the resulting toner was 0.00514,” the “background fogging (BG) and the
thin-line reproducibility . . . evaluated according to [Specification] Test
Example 2 . . . was ‘1.02’, and the thin-line reproducibility was ‘poor’”
(Moriyama Declaration ¶ 8). We find Specification Comparative Example
1, as reported in Specification Table 1, has a dielectric loss tangent (tan δ) of
0.02002, a BG of 1.19 and “poor” thin-line reproducibility (Specification 22;
see also 15 and 21).
Appellant Moriyama further testifies “[t]he toner . . . showed an
increase in dispersibility of the charcoal powder by using the masterbatch”
which is also “evident from the fact that the dielectric loss tangent of the
toner is dramatically small as compared with that of the toner of
Comparative Example 1” (Moriyama Declaration ¶ 8). Appellant Moriyama
testifies that despite the increased dispersibility, there was still “poor BG and
the thin-line reproducibility . . . [s]ince the charcoal powder has too large
CV, the charcoal powder that cannot be housed in the toner is exposed on
the toner surface, thereby inhibiting the charging of the toner,” and thus,
“[t]he data show that the effects of the present invention cannot be obtained
when the CV value of the used charcoal powder does not satisfy the
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