Appeal No. 1999-0695 Page 2
Application No. 08/427,018
CFR § 1.142(b) as being directed to a non-elected invention. Claims 4 and 21 were amended
subsequent to the final rejection (Paper No. 10).1
BACKGROUND
The appellants' invention relates to a web-fed printing press including a web-up device
(a splicing mechanism and a secondary roll of a leader web) disposed downstream of a first
print unit between the print unit and a second component. By providing the web-up device in
one or more locations in the printing press, web-up (feeding of the material through the
components of the press) time is substantially reduced because web-up can proceed
simultaneously in several parts of the press. For example, if the web-up device is located
between a chill unit and a slitter mechanism, one set of technicians can feed a first web from a
roll stand through to the chill unit of the press while a second set of technicians feeds the
second web from the secondary web roll through the slitter mechanism and folder of the press.
Then, once the first web has reached the output of the chill roll, the splicing mechanism splices
the first web to the second web thereby forming a single continuous web from the roll stand
through the folder (specification, page 3).
While the advisory action mailed June 25, 2997 (Paper No. 11) indicates that the amendment after final1
rejection (Paper No. 10) will be entered upon the filing of an appeal, we note that (1) the amendment itself bears
what appears to be a notation by the examiner instructing that the amendment not be entered and (2) the amendment
has not, in fact, been clerically entered. In light of the examiner's agreement with the appellants' statement of the
status of amendments after final rejection in the brief and the examiner's statement that the claims in the appendix
to the appellants' brief are correct (answer, page 2), we presume that the failure to clerically enter the amendment
was a mere oversight and shall treat the amendment as if it has been entered. This oversight, however, is deserving
of correction.
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