Appeal No. 96-2850
Application 08/015,400
states that there are a “plurality of foils” and that the foil
on the impression cylinder is chosen from the claimed
plurality of foils.
Furthermore, the recitation that there are “a plurality
of foils of varying thickness” is ambiguous and hence
indefinite in that it is unclear whether each foil in the
plurality of foils is required to be of “varying thickness” or
whether the thickness of each foil is required to be different
from the thickness of each of the other foils making up the
plurality of foils.
For the foregoing reasons, we will sustain the examiner’s
rejection of claim 2 under the second paragraph of § 112.
Turning now to the § 103 rejection of claims 2, 4 and 5,
the examiner concedes that the German Wirz reference does not
contain a teaching that the foil 1 on the printing cylinder 17
compensates for irregularities in the outer cylindrical
surface of the cylinder. He nevertheless concludes:
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