Appeal No. 2003-1818
Application 09/223,602
difference casts considerable doubt on the theory underlying the
examiner’s determinations of inherency and obviousness. More
telling, however, is Salvucci’s express teaching that the creping
blade imparts a series of fine fold lines to the portions of the
Salvucci web adhered to the creping drum. The presence of these
fold or crepe lines completely belies the proposition that the
web inherently or obviously comprises either a Yankee side
surface which has a smooth appearance and is substantially free
from any discernable crepe pattern as recited in claim 8, or a
Yankee side having a smooth appearance and no discernable crepe
pattern when viewed with the naked eye as recited in claim 10.
Accordingly, we shall not sustain the standing 35 U.S.C.
§ 102(b) rejection of independent claims 8 and 10, and dependent
claims 11 through 13, as being anticipated by Salvucci, or the
standing 35 U.S.C. § 103(a) rejection of claims 8 and 10 through
13 as being unpatentable over Salvucci.
II. The 35 U.S.C. § 102(b) rejection of claim 8 based on Carstens
Carstens relates to layered tissue paper having a velutinous
surface subjectively discernible by humans as being extremely
soft and smooth, and to tissue paper products comprising one or
more plies of such paper (see the Abstract). In Carstens’ words:
Such paper has a high degree of subjectively perceivable
softness by virtue of being: multi-layered; having a top
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