Appeal No. 1997-2839
Application No. 08/448,778
BACKGROUND
The appellant's invention relates to an apparatus for
high speed transfer of colored or metallic foil onto printing
(specification, p. 1). Independent claim 16 is representative
of the subject matter on appeal and a copy thereof is set
forth in the appendix to the appellant's brief.2
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Nelson 4,724,026 Feb. 09, 1988
Marazzi et al. (Marazzi '467) 4,760,467 Jul. 26,
1988
Hanson et al. (Hanson) 5,030,977 Jul. 09, 1991
Nubson et al. (Nubson) 5,037,216 Aug. 06, 1991
Nyfeler et al. (Nyfeler) 5,207,855 May 04,
1993
Marazzi et al. (Marazzi '684) 5,275,684 Jan. 04,
1994
2In claim 16, line 1 (appendix, page 19) "leat" should be "least" (see Paper
No. 17, amendment filed May 2, 1997). Claim 18 (appendix, page 20)
incorrectly recites "foils trip," "foil strip" is correct as per original
claim 18 of record. Claim 28 recites "means for essentially" (appendix, page
21), whereas claim 28 of record has been amended to recite "means before
essentially" (Paper No. 17, amendment filed May 2, 1997). It is apparent that
the amendment (Paper No. 17) was in error in not changing the language of
claim 28 to what was intended, i.e., the language in the appendix. For
purposes of this appeal we understand the language at issue to be "means for
essentially." During further prosecution before the examiner an appropriate
rectifying amendment should be submitted.
2
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