Ex parte JOHNSTONE - Page 5




          Appeal No. 1997-2839                                                        
          Application No. 08/448,778                                                  
               In reaching our decision in this appeal, we have given                 
          careful consideration to the appellant's specification and                  
          claims, to the applied prior art references, and to the                     
          respective positions articulated by the appellant and the                   
          examiner.  As a consequence of our review, we make the                      
          determinations which follow.                                                
               We cannot sustain the examiner's rejections of                         
          appellant's claims 16-35 under 35 U.S.C. § 103.                             





               For purpose of our review we focus on claim 16, the sole               
          independent claim.                                                          
               Claim 16 recites:                                                      
               16. Apparatus for producing a printed substrate web at                 
          speeds of at least 100 ft./min., the web having colored or                  
          metallic foil over at least a portion of the printing on the                
          substrate web, said apparatus comprising:                                   
               means for variably printing a predetermined pattern, with              
          toner, on the substrate web while the web is traveling at                   
          speeds of at least 100 ft./min.;                                            
               an impression cylinder mounted for rotation about a first              
          axis;                                                                       
               a transfer cylinder mounted for rotation about a second                
          axis parallel to said first axis, and to define a nip between               
          said impression cylinder and said transfer cylinder;                        
                                          5                                           





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