Ex Parte Phan et al - Page 2

                Appeal 2006-1483                                                                              
                Application 10/159,395                                                                        
                I.   APPEALED SUBJECT MATTER                                                                  
                      The subject matter on appeal is directed to a tissue paper comprising a                 
                second plurality of regions extending outwardly from a plane, which has a                     
                lower density than a first plurality of regions lying in the plane.  See                      
                Specification at 17, together with claim 22.  The second plurality of regions                 
                is also said to have “at least one foreshortening ridge…”  See claim 22.                      
                With respect to the foreshortened ridge, the Specification at page 17 states                  
                that:                                                                                         
                      The cellulosic web 20 may also be foreshortened, as is                                  
                      known in the art.  Foreshortening can be accomplished by                                
                      creping the web 20 from a rigid surface, and preferably from a                          
                      cylinder.  A Yankee drying drum 70 is commonly used for this                            
                      purpose.   Creping is accomplished with a doctor blade as is                            
                      well known in the art.  Creping may be accomplished according                           
                      to commonly assigned U.S. Patent 4,919,756, issued April 24,                            
                      1992 to Sawdai, the disclosure of which is incorporated herein                          
                      by reference.  Alternatively or additionally, foreshortening may                        
                      be accomplished via wet microcontraction as taught in                                   
                      commonly assigned U.S. Patent 4,440,597, issued April 3, 1984                           
                      to Wells et al., the disclosure of which is incorporated herein by                      
                      reference.                                                                              
                      Details of the appealed subject matter are recited in claim 221, which                  
                is reproduced below:                                                                          
                      22.  A tissue paper defining an X-Y plane and having a Z direction                      
                orthogonal thereto, the tissue paper comprising a first plurality of regions,                 
                the first plurality of regions lying in a plane; and a second plurality of                    
                regions extending outwardly from the plane, the second plurality of regions                   
                                                                                                             
                1  The Appellants’ arguments are limited to claim 22.   See Br. 3-5 and Reply                 
                Br. 2-4.   The Appellants also state that “[c]laims 22 and 24 stand or fall                   
                together with respect to the 35 U.S.C. § 102(a) rejection.”  See Br. 2.                       
                Therefore, for purposes of this appeal, we limit our discussion to claim 22                   
                consistent with 37 C.F.R. § 41.37(c)(1)(vii)(2004).                                           
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