Appeal No. 2005-1348
Application No. 09/534,466
The examiner’s assertion that during the run up to operating
speed from S0 to S1, Jurkewitz’s press is in a white web mode
since printing does not take place, is pure speculation since
Jurkewitz indicates no such thing. The examiner has not, and
cannot, point to any portion of Jurkewitz indicating that
printing does not take place during this run up to operating
speed. While it might appear reasonable, at first, to assume
this, since one might expect printing operations to begin after
operating speed is obtained, appellants have offered more than
enough evidence within Jurkewitz to nullify any such assumption.
For example, while Jurkewitz appears to change modes based on web
speed, there is no indication therein that changes in infeed
tension occur as a result of a signal indicating a change of mode
from/to a printing mode to/from a white web mode. Further, as
indicated by appellants, at page 2 of the reply brief, the
pressure P provided to the web in Jurkewitz allows printing and
the web in Jurkewitz can be printed between S0 and S1. Further,
as pointed out by appellants, at page 2 of the reply brief, it
would appear reasonable to assume that there is a printing
operation occurring in Jurkewitz during this time period because
the reference indicates that the value for S1 is in terms of
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