Appeal No. 96-0992
Application 08/293,936
claims pending in the application, stand withdrawn from
further consideration under 37 CFR § 1.142(b) as being drawn
to a non-elected invention.
By way of background, this is the second appeal of the
subject matter claimed in the appealed claims. In Appeal No.
90-2059 in grandparent application SN 06/939,966, a merits
panel of this Board affirmed the examiner’s rejection of
claims 27 through 51 under 35 U.S.C. § 112, first paragraph,
as being based on a disclosure that does not comply with the
enablement requirement of that paragraph. The presently
appealed claims are identical to the appealed claims in the
prior decision with the exception that an additional dependent
claim (i.e., claim 52) has been added.
Appellants’ invention pertains to a process for the
control of inking in a printing machine (claims 27 through 35,
38 through 44 and 52), a printing plant suitable for the
carrying out of that process (claims 36 and 37), and a
measuring apparatus for the generation of control data for
such a printing plant (claims 45 through 51). The invention
is explained on page 7 of the specification as follows:
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