Ex parte BURGESS et al. - Page 6




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


          column 4 and Figure 8; compare Figures 6 and 7.  One of the                 
          marrying roll patterns (Figures 4 and 9) is described as                    
          “raised dots” which “have a substantial open area between each              
          . . . [so that] there is sufficient space for the sheet to                  
          pucker slightly without causing unacceptable creasing of the                
          web” (column 3, line 32 et seq.).  The density of the dot                   
          pattern is described in terms of the surface area of the                    
          marrying roller, in the broad sense between 0 and 100%, with                
          the preferred degree being 10-40% (column 3, lines 60-67).                  
          The diameter of each dot is not stated, with the only clue                  
          being the fact that the lamination of the plies to one another              
          is dependent upon the total area that these dots contact the                
          webs, with more than 40% contact causing unnecessary                        
          debulking, while less than 10% fails to provide adequate                    
          lamination (column 4, lines 1-6).  It is clear that in the                  
          Bauernfeind system the “dot” embossing step must occur                      
          subsequent to the other embossing step, in that it is the                   
          “dot” step that causes the webs to be laminated together in                 
          the manner which constitutes the thrust of the invention.                   
               Our understanding of this rejection is that the required               
          “pillow-like areas” comprise the areas 32 in Figure 9 of                    
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