Ex Parte Albert et al - Page 6



          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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