Ex Parte Kurtzer - Page 4



          Appeal No. 2005-1004                                            4           
          Application No. 09/656,333                                                  

               Therefore, we shall sustain the standing 35 U.S.C. § 112,              
          second paragraph, rejection of claims 7 and 9.3                             
          II. The 35 U.S.C. § 102(b) rejection of claims 1, 2, 8 and 10 as            
          being anticipated by Schaede                                                
               Anticipation is established only when a single prior art               
          reference discloses, expressly or under principles of inherency,            
          each and every element of a claimed invention.  RCA Corp. v.                
          Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ              
          385, 388 (Fed. Cir. 1984).                                                  
               Schaede discloses a printing machine (see Figures 1 and 2)             
          comprising a print cylinder 1, an impression cylinder 2 and four            
          transfer cylinders 3, 4, 29 and 30.  In use, transfer cylinder 3            
          acts as a hand-over cylinder for transporting sheets supplied by            
          transfer cylinder 29 to the impression cylinder 2, and transfer             
          cylinder 4 acts as a take-over cylinder for accepting printed               
          sheets from the impression cylinder 2 and passing them on to                
          transfer cylinder 30.  To effect the conveyance of the sheets,              


               2(...continued)                                                        
          amendment (see the advisory action mailed August 14, 2003).                 
               3 In addition to the terms noted by the examiner, the                  
          references in claims 7 and 8 to “said feed cylinder” also lack a            
          proper antecedent basis.  In the event of further prosecution,              
          suitable steps should be taken to address these irregularities.             





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007