Ex Parte Phan et al - Page 4

                Appeal 2006-1483                                                                              
                Application 10/159,395                                                                        
                             FIG. 4 is a photographic plan view enlarged about 20                             
                      times actual size of the fabric side of a prior art, non–layered,                       
                      creped paper sheet 60 processed generally in accordance with                            
                      the teachings of U.S. Pat. No. 3,301,746, said sheet being                              
                      formed from a single, homogeneously mixed slurry containing                             
                      approximately 50 percent softwood and 50 percent hardwood                               
                      fibers.  The sheet as subjected to fluid pressure and thermally                         
                      pre-dried on a 26 x22 semi-twill drying/imprinting fabric                               
                      prepared as described in the aforementioned patent of Peter G.                          
                      Ayers, compacted by the fabric knuckles upon transfer to a                              
                      Yankee dryer drum, finally dried, and creped upon removal                               
                      from the drum by means of a doctor blade.  The finished sheet                           
                      contains approximately 16 percent crepe.  As shown in FIG.                              
                      5, the sheet has the appearance of a lazy corrugation with                              
                      only a minor portion of the fibers on the fabric side 60a of                            
                      the sheet extending outwardly away from the surface of the                              
                      sheet when viewed in the cross-machine direction.                                       
                             FIG. 6 is a plan view enlarged about the same extent as                          
                      FIG. 4 of the fabric side 70a of a layered, creped paper sheet 70                       
                      of the present invention produced generally in accordance with                          
                      the process illustrated in FIG. 1, said sheet being formed from                         
                      two identical slurries of essentially the same fiber content, each                      
                      slurry containing approximately 50 percent softwood and 50                              
                      percent hardwood fibers in a homogeneous mixture.  The basis                            
                      weights, processing conditions, drying/imprinting fabric,                               
                      and degree of crepe were essentially the same as those of                               
                      non-layered prior art sheet shown in FIGS. 4 and 5.  As                                 
                      should be apparent from a comparison of FIGS. 5 and 7, the                              
                      fabric side 70a of the layered sheet has a greater proportion                           
                      of its fibers deflected outwardly in a direction generally                              
                      away from the plane of the sheet.  [(Morgan, col. 11, ll. 32-                           
                      66) (Emphasis ours).]                                                                   
                Thus, from our perspective, the claimed tissue papers and the tissue papers                   
                produced by Morgan not only appear to be identical or substantially                           
                identical, but also appear to be produced by substantially the same method.                   
                Compare the above teachings in Morgan with Specification at 6, 12-14, and                     

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