Ex parte BURGESS et al. - Page 2




          Appeal No. 97-4161                                                          
          Application 08/397,408                                                      


                                 DECISION ON APPEAL                                   
               This is an appeal from the decision of the examiner                    
          finally rejecting claims 1, 3-11 and 13-20, which constitute                
          all of the claims remaining of record in the application.2                  
               The appellants’ invention is directed to a method and                  
          apparatus for embossing a pattern on an absorbent paper                     
          product.  The subject matter before us on appeal is                         
          illustrated by reference to claims 1 and 11, which can be                   
          found in an appendix to the Brief.                                          
                                   THE REFERENCES                                     
               The references relied upon by the examiner to support the              
          final rejection are:                                                        
          Scherf                   860,697                  July 23, 1907             
          Thomas                   3,868,205                Feb. 25, 1975             
          Schulz                   4,376,671                Mar. 15, 1983             
          Bauernfeind (`728)       4,483,728                Nov. 20, 1984             
          Burt                          4,671,983                June  9,             
          1987                                                                        
          Bauernfeind (`967)       4,759,967                July 26, 1988             
          Burgess et al. (Burgess) 4,921,034                May   1, 1990             
          The admitted prior art found at page 5, lines 28-31 and page                
          6, lines 19-22 of the appellants’ specification.                            


               2The final rejection, the Brief and the Examiner’s Answer erroneously  
          state in some places that claims 1 and 3-20 have been finally rejected.     
          However, claim 12 was canceled in Paper 8.                                  
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