Ex Parte Phan et al - Page 3

                Appeal 2006-1483                                                                              
                Application 10/159,395                                                                        
                has a lower density than the first plurality of regions, the second plurality of              
                regions has at least one foreshortening ridge therein, the at least one                       
                foreshortening ridge being spaced apart from the plane in the Z direction.                    

                II.  PRIOR ART                                                                                
                      As evidence of unpatentability of the claimed subject matter, the                       
                Examiner relies upon the following sole reference:                                            
                Morgan, Jr.   US 3,994,771  Nov. 30, 1976                                                     

                III.  REJECTION                                                                               
                      Claims 22 and 24 stand rejected under 35 U.S.C. § 102(a) as                             
                anticipated by the disclosure of Morgan.                                                      

                IV.  FACTUAL FINDINGS AND CONCULSIONS                                                         
                      Upon careful consideration of the claims, Specification and prior art                   
                reference, including the arguments advanced by both the Appellants and the                    
                Examiner in support of their respective positions, we determine that the                      
                Examiner’s §102 (a) rejection is well-founded.  Accordingly, we affirm the                    
                Examiner’s decision rejecting claims 22 and 24 on appeal under §102(a) for                    
                the reasons set forth in the Answer and below.                                                
                      As evidence of anticipation of the subject matter defined by claims 22                  
                and 24 under 35 U.S.C. § 102(a), the examiner relies on the disclosure of                     
                Morgan.  See Answer at 3.  Morgan teaches soft and bulky tissue papers                        
                having “discrete patterned arrays of fibers extending outwardly therefrom,”                   
                along with “improvements in softness and tactile impression.”  See col. 1,                    
                ll. 9-37 and Figures 4-16.  These tissue papers are made as follows:                          



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