Appeal 2007-4185
Application 10/743,097
of the time. A cohesion value of 100% corresponds to all of the
toner remaining on the top screen at the end of the vibration
step and a cohesion value of zero corresponds to all of the
toner passing through all three screens, that is, no toner
remaining on any of the three screens at the end of the vibration
step. The higher the cohesion value, the lesser the flowability
of the toner.
Specification 9.
The Examiner contends, that as claimed, the “cohesion” is specified as
“a numerical value,” and neither the claim language as a whole nor the
above disclosure in the Specification “provide a definition of the term or
how to calculate or measure the value,” such that one of ordinary skill in the
art would not “be reasonably apprised of the claimed ‘cohesion’ value”
(Answer 3). The Examiner finds that in the disclosure, “cohesion” is
measured by placing any amount of toner on the top screen of any three
screen sieve, the screens of descending size, and vibrating the sieve in any
manner for any period of time (id. 4). The Examiner finds the “‘cohesion’
value is related to the amount of toner remaining on the screens at the end of
time,” with “[a] cohesion value of 100% [corresponding] to all of the toner
remaining on the top screen at the end of the vibration step and a cohesion
value of zero [corresponding] to all of the toner passing through all three
screens,” such that “the higher the cohesion values the lesser the flowability
of the toner” (id.).
The Examiner contends the claims “are indefinite because it is unclear
how the cohesion value is actually calculated,” finding it “unclear how much
of the toner needs to be retained on any one, all, or some combination of
screens in order to obtain a cohesion value according to the claims (Answer
4). The Examiner further determines “[t]he cohesion value appears to be a
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