Ex parte BURGESS et al. - Page 5




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


          state, is bursting of the pillow areas creating by the                      
          embossing due to the stress of the embossing process.  The                  
          invention seeks to solve this problem by providing an initial               
          step in which a relatively fine preparatory base pattern of                 
          pin-like displacements is embossed onto the web, which is                   
          followed by placing a second embossed pattern onto the web,                 
          such that the second pattern defines pillow-like areas.  As                 
          manifested in both the method and the apparatus claims, the                 
          first pattern contains 35-400 displacements per square inch,                
          and each of the pillow-like areas contains from 1 to 100 of                 
          the pin-like displacements.                                                 
               The first rejection set forth by the examiner is that                  
          independent claims 1 and 11 are unpatentable in view of                     
          Bauernfeind ‘728, which discloses a system for making a multi               
          layer embossed roll product in which each of two webs is                    
          provided with a first embossing pattern, after which glue is                
          applied to at least one web prior to the webs being joined                  
          together by a marrying roll.  The marrying roll impresses a                 
          different pattern than the first embossing, the result of                   
          which is that the webs are joined at irregular points.  This,               
          according to the patent, results in a more bulky product.  See              
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