Ex parte LEONHARDT et al. - Page 2




                     Appeal No. 1998-2914                                                                                                                                              
                     Application 08/510,971                                                                                                                                            

                     appeal from the final rejection of claims 1-10, the only                                                                                                          
                     claims present in the application.                                                                                                                                
                                We REVERSE.                                                                                                                                            
                                The appellants' invention pertains to a device for                                                                                                     
                     obtaining register deviations in a multi-color rotary printing                                                                                                    
                     machine.  Independent claims 1 and 3 are further illustrative                                                                                                     
                     of the appealed subject matter and a copy thereof may be found                                                                                                    
                     in the appendix to the brief.                                                                                                                                     
                                The answer states that the following rejections are                                                                                                    
                     applicable to the claims on appeal:2                                                                                                                              
                                Claims 1-10 stand rejected under 35 U.S.C. § 112, first                                                                                                
                     paragraph, as being based upon a nonenabling disclosure.                                                                                                          
                                Claims 1-10 stand rejected under 35 U.S.C. § 112, second                                                                                               
                     paragraph, as being indefinite for failing to particularly                                                                                                        
                     point out and distinctly claim the subject matter which the                                                                                                       
                     appellants regard as the invention.                                                                                                                               
                                The rejections are explained on pages 5-17 of the answer                                                                                               
                     and the arguments of the appellants may be found on pages 19-                                                                                                     
                     38 of the brief.                                                                                                                                                  

                                2On page 4 of the answer the examiner expressly withdrew                                                                                               
                     the final rejection of the appealed claims under 35 U.S.C. §§                                                                                                     
                     101 and 103.                                                                                                                                                      
                                                                                          2                                                                                            





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