The references cited are: Spalckhaver, No. 679,191, July 23, 1901; British patent, No. 20,935 of 1891, to Allison.

The invention relates to improvements in cutting and folding machines for printing-presses and, as stated by the applicant in his specification

has particularly for its object to provide novel means for associating and folding together sheets cut from the printed web fed from the press with cover and insert sheets cut and fed from previously-printed webs, the mechanism being so arranged that a plurality of sheets cut from the web fed from the main press may be collected and then assembled with a sheet cut and fed from the previously-printed insert-supply and a sheet cut and fed from the previouslyprinted cover-supply, and the whole folded together and delivered to a predetermined point.

Referring to applicant's Figure 1, which is diagrammatic in form, its function is accomplished as follows: The main web 15 is led from the printing mechanism to a pair of rotary cutters which cut the web into sheets. These sheets are directed to a collecting-cylinder 9, which collects two sheets and delivers them to a folding-cylinder 3. In the meantime a previously-printed insert-web 21 is fed between a pair of rotary cutters to cut the same into sheets, whence the same are guided to a feeding-cylinder, which in turn delivers the sheets to a folding-cylinder 3, above referred to, where they are associated with a group of sheeets from the main web. During this time the cover-sheet in the form of a web 30 is led between cutters and cut into sheets, which pass to a feeding-cylinder which delivers them to a folding-cylinder 4, which in turn delivers the cover-sheet to the folding-cylinder 3, thus associating the same with a group of sheets fed from the main web and the insert-supply. The combined group of sheets thus formed is then folded by a folding-blade, carried upon. the folding-cylinder 3 into jaws upon the folding-cylinder 4, whence the folded product is delivered to tapes which convey the same to a receiving device.

The main reference is the British patent to Allison. This device, as set forth in the complete specification

relates to the application to a rotary printing-machine which prints and folds a paper of any number of pages, of a novel organ or part which enables a supplement of any number of pages (that is to say which may comprise from two pages to the number of pages comprised in the paper itself) to be supplied to the printed paper and be folded with it.

The drawings of this patent, which are diagrammatic in form, illustrate three cylinders apparently of equal size, arranged in the same horizontal plane, numbered, respectively, 2, 3, and 5, and a cylinder 6, arranged vertically over cylinder 5. The main web in the press is led over cylinder 2 and between cylinders 2 and 3, where, according to the specification, it is cut and receives its first fold. It is then carried by the grippers of cylinder 3 and receives its second fold be

tween cylinders 3 and 5. Grippers upon cylinder 6 then seize the head of the folded sheet and carry it forward until it receives a third fold between folding-blades 7 and 8, located, respectively, on cylinders 6 and 5. Folding blades or jaws thereupon carry forward the folded copy to the receiver. Provision is made, however, for inserting additional sheets during the operation above described. Four tables are illustrated above the folding-cylinder with feeding-lines indicated, so that cut sheets delivered from any of the four tables may be served either between the cylinders 2 and 3 or between the cylinders 6 and 5, according to the number of pages which it is desired to have in the supplement. The specification states that

a supplement of two or more pages will follow the course 10 so as to proceed to the cylinder 6 whereby it will be incorporated with the copy of the main paper after it has received its third fold.

For the supplements of six, eight, ten, twelve, fourteen or sixteen pages, the sheets will follow the course 11.

the latter leading between the cylinders 2 and 3, as above described. The specification continues:

If the supplement is to form a cover to the paper I could also introduce same to the machine so as to cause it to be delivered at the same time as the paper itself and covering same.

The number of pages of the cover might vary from four upward.

In this case in order to introduce the cover into the machine, such introduction will no longer be from the top side of the folding-cylinders as in the previous cases, but from the under side thereof and to the cylinder 5.

The patent to Spalckhaver was cited for the purpose of showing that it is old in the newspaper printing and folding art to collect sheets when it is desired to increase the size of the product, the Examiner stating that all high-speed newspaper printing and folding machines which handle printed webs are provided with collecting

means..

It is contended in behalf of the applicant that the disclosure in the Allison patent is insufficient to anticipate the applicant's invention, that it does not show the combination of elements set forth in the appealed claims, and that it does not even contemplate the combination of sheets from the main web with sheets both from a source of insert-sheet supply and a source of cover-sheet supply, but, upon the other hand, positively states that a sheet from the main web is combined with either an insert-sheet or a cover-sheet. It is contended that Allison gives in his specification three alternative ways of combining supplements with the main press-web, either by the path 10, path 11, or the path 20. Attention was further called at the hearing to the character of the gearing necessary to operate the intricate mechanism of the printing-press as disclosed in the applicant's case and to the absence of any description of driving mechanism for the device disclosed in the British patent.

While it is true that the gearing necessary to operate the mechanism of the folding-machine is somewhat intricate, it must be remembered that the art of folding is highly developed, so that a mechanic skilled in the particular art would presumably be able to supply the necessary driving mechanism to operate the parts comprising a system of the character of either the applicant's or the patent, as required. It is quite common in this art to illustrate inventions, especially inventions broadly claimed, by means of diagrammatic drawings, such as those of the British patent. Furthermore, the claims of this applicant are drawn, broadly, to means for collecting and folding groups of sheets in a certain manner. It is therefore sufficient for the purpose of this case if the British patent diagrammatically discloses means adapted to perform the same function as that disclosed in the appealed claims. It is clear from the disclosure of the British patent, as above discussel, that provision is made not only for the folding of the main-web sheets from the press, but also for the insertion of supplemental sheets, such as the inert-sheets of the applicant's device. There is also provided in the British patent a means for supplying a cover-sheet, which means is independent of the means for feeding the insert-sheets or vice versa.

As stated by the Examiner

the construction disclosed is just as well adapted to associate a cover. sheet and a supplemental-sheet with the sheet or sheets from the main web as it is to associate one sheet only with the main sheet or sheets.

It is true that the mechanism shown in the British patent does not collect sheets fed and cut from the main web; but in view of the common practice, as disclosed in the Spalckhaver patent, to collect sheets for the same purpose it would not require invention to provide a collecting mechanism for the main-web sheets in the Allison structure, or, as suggested by the Examiner in his statement

it would not require invention to make the cylinder 2 of the British patent to Allison a collecting-cylinder in view of the common practice of collecting sheets where it is desired to increase the size of the product.

or, in fact, to feed supplemental sheets from a plurality of webs to the folding-cylinders, as suggested in the British patent. Applying the reference thus construed to the claims, the British patent to Allison has means for collecting a group of sheets cut and fed from the main web in the cylinder 2 and means for causing the cylinder to collect thereon a group of sheets cut and fed from the main web with a previously-printed insert-sheet in the cylinders 5 or 6, according to whether the insert-sheet follows the path 11 or 10, indicated in the drawing of the British patent, and a previously-printed coversheet fed from another source of supply when the same is fed from below, as indicated by the dotted or broken line marked 20, which is located beneath the cylinder 5.

I am clearly of the opinion that the disclosure contained in the British patent is sufficient to anticipate all the claims, except for the limitation set forth in claims 5, 6, 7, and 8 of the grouping of the sheets cut from the main web with the insert-sheet and the coversheet; but, as shown by the patent to Spalckhaver, the collection of a series of sheets upon a folding-cylinder is common in the art, and the inclusion of this feature in the applicant's device did not involve anything more than the exercise of the mechanic's skill by one familiar with the art to which the alleged invention appertains. The decision of the Examiners-in-Chief is affirmed.

EX PARTE BонN.

Decided July 29, 1911.

169 O. G., 701.

1. APPLICATION-PROSECUTION-ABANDONMENT.

The fact that the attorney of record did not receive instructions from the agent of the applicant, who resides abroad, in time to amend the application within one year from the date of the last Office action Held insufficient to show that the delay was unavoidable within the meaning of section 4894, Revised Statutes, in the absence of any showing that instructions were necessary or that any request for such instructions was made by the attorney of record.

2. SAME-SAME-RESPONSIBILITY OF THE ATTORNEY OF RECORD.

When one who is registered to practice before the Patent Office accepts the appointment as attorney from a foreign applicant, the entire responsibility for the prosecution of the case rests upon the attorney so appointed, and he cannot shift that responsibility to the foreign correspondent, who, so far as shown by the record, is not concerned with the application.

ON PETITION.

SLIDE-VALVE.

Mr. Francis H. Richards for the applicant.

BILLINGS, First Assistant Commissioner:

This is a petition that the above-entitled application be held not abandoned notwithstanding the failure to take action within one year from the last Office action.

On July 5, 1910, the claims in this case were rejected in view of certain references of record. On July 6, 1911, the present petition was filed, accompanied by an affidavit of the Washington representative of the attorney of record, whose place of business is in New York city. On July 7, 1911, an affidavit of the attorney was filed.

In the latter affidavit it is stated that upon the receipt of the letter of July 5, 1910, it was transmitted to applicant's German agent; that all information and data for actual amendments to official actions in this application have been furnished by such agent; that it is customary for foreign agents to allow about ten days for mailing instructions from abroad; that on July 5, 1911, a letter from the foreign agent was received containing instructions as to the amendinent of this application; that this letter was postmarked in Berlin on June 21, 1911, the delay in receiving it being apparently due to the fact that July 1 was a half-holiday and July 4 a holiday; that on July 5, 1911, he attempted to communicate with his Washington correspondent over the telephone, but was unable to do so.

The power of attorney gives the attorney of record full authority to amend this application. The case is a simple one, and it does not appear why instructions were necessary. Neither does it appear that the attorney of record made any request of his foreign correspondent for instructions after mailing him a copy of the Office letter.

In applications filed by foreign inventors, as in all other applications, the attorney of record must assume responsibility for their prosecution.

Under the provisions of Rule 17 it is incumbent upon inventors who are citizens or subjects of countries foreign to the United States which do not grant reciprocal rights to citizens of the United States and who desire to employ attorneys to give powers of attorney to one who is either a citizen or resident of the United States.

Under these circumstances when one who is registered to practice before the Patent Office accepts the appointment as attorney from a foreign applicant the entire responsibility for the prosecution of the case rests upon the attorney so appointed, and he cannot shift that responsibility to the foreign correspondent, who, so far as shown by the record, is not concerned with the application. If delay in the prosecution of an application is necessary to permit an attorney to obtain facts from the inventor or others more familiar with the invention than he, then upon a proper showing the delay may be found to be unavoidable; but this is a general rule applicable to all cases where the attorney needs further information from the inventor, and it is not applicable to special cases, such as this, where the attorney of record delays action to receive instructions which are not absolutely necessary and which, so far as appears from the record, are unsought.

The facts are insufficient to show that the delay in prosecuting this case has been unavoidable within the meaning of section 4894, Revised Statutes.

The petition is denied.

2097-12-8