Ex Parte Albert et al - Page 4



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

               As shown in Fig. 2 of Jurkewitz..., when the printing                  
               press is run up to operating speed from S0 to S1, the                  
               tension P in the web remains at a low steady P1 and                    
               when the printing press speed goes beyond S1, (mode                    
               change from white web mode to a printing mode) the                     
               tension P in the web starts to increase as indicated by                
               arrow 38a.  When the printing press speed decreases                    
               from S2 to S0 (from printing mode to white web mode) as                
               indicated by leftward arrow 38b, the tension P in the                  
               web starts to decrease as indicated by a vertical down                 
               arrow 38b upon reaching speed S0.  Since the web moving                
               under a non-printing condition is defined as a white                   
               web by the present application, the web speed S0 in the                
               Jurkewitz patent during which the printing press is                    
               stopped or running at a very slight web speed while no                 
               printing is taking place qualifies as a white web mode.                
               Thus, it is clear that the examiner is relying on                      
          Jurkewitz’s low or no speed value as being equivalent to the                
          claimed white web mode.                                                     
               We refer to the instant specification for a definition of              
          “white web.”  At page 1, we find a description of the web press             
          running in a print and a non-print mode (lines 17-23), and a                
          definition at lines 23-24: “The web in this non-printing                    
          condition is known as a white web, since ink is not applied to              
          the web.”                                                                   
               Accordingly, a white web condition has little, if anything,            
          to do with web speed.  Rather, a white web condition is                     
          determined when there is no ink applied to the web.                         

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