Ex Parte Albert et al - Page 8



          Appeal No. 2005-1348                                                        
          Application No. 09/534,466                                                  

               We also will not sustain the rejection of claims 3-5, 8, and           
          9 under 35 U.S.C. § 103 over Jurkewitz because of the                       
          deficiencies noted supra with regard to the increase and decrease           
          of the infeed tension responsive to a signal indicating a change            
          in the printing mode from/to a white web mode.  The examiner has            
          not shown that this would have been obvious in view of Jurkewitz.           
               Similarly, we will not sustain the rejection of claim 7                
          under 35 U.S.C. § 103 because the added reference to Sainio does            
          not provide for the deficiencies of Jurkewitz regarding the lack            
          of an under 35 U.S.C. § 103 over Jurkewitz because of the                   
          deficiencies noted supra with regard to the increase and decrease           
          of the infeed tension responsive to a signal indicating a change            
          in the printing mode from/to a white web mode.                              
               We now turn to the rejection of claims 1, 13, and 15-17                
          under 35 U.S.C. § 102(b) as anticipated by Huth.                            
               At the outset, we note that although the statement of                  
          rejection includes claims 15-17, it does not include claim 14               
          from which claim 15 depends.  Since dependent claim 15, by                  
          definition, includes the limitations of claim 14 from which it              
          depends, we will presume that the examiner intended to reject               
          claims 1 and 13-17 under 35 U.S.C. § 102(b) over Huth.                      

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