Ex parte JOHNSTONE - Page 9




          Appeal No. 1997-2839                                                        
          Application No. 08/448,778                                                  
          Inc., 721 F.2d 1540, 1553, 220 USPQ 303, 312-13 (Fed. Cir.                  
          1983), cert. denied, 469 U.S. 851 (1984).                                   
               Marazzi '684 and Marazzi '467 simply do not teach                      
          apparatus for continuously feeding a web "at speeds of at                   
          least 100 ft./min." to the nip of two cylinders for transfer                
          of a foil to the web's toner pattern as is called for in                    
          appellant's claims on appeal.  Marazzi '684 teaches apparatus               
          transferring foil to a                                                      


          pattern at the nip of two cylinders capable of operating at                 
          speeds of commercially available printers or copiers, however               
          this is not suggestive of an apparatus feeding a web at speeds              
          of at least 100 ft./min.  Hanson teaches ion deposition and                 
          laser printers, but does not describe printing on a continuous              
          web at speeds of at least 100 ft./min.                                      
               For these reasons, it does not appear to us that the                   
          suggested combination of these prior art references, as                     
          proposed by the examiner, would have been obvious to one of                 
          ordinary skill in the relevant art having the references                    
          before him, or would yield the apparatus defined in                         
          appellant's claims on appeal.                                               
               It follows that we cannot sustain the examiner's                       
                                          9                                           





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