Ex Parte Rivera et al - Page 5

               Appeal 2006-2867                                                                            
               Application 10/771,969                                                                      

                                                OPINION                                                    
                      A. Obviousness-type Double Patenting Rejections                                      
                      Appellants do not contest the merits of either rejection based on                    
               obviousness-type double patenting (Br. 9).  Therefore, we summarily affirm                  
               both rejections for the reasons stated in the Answer.                                       

                      B. Rejections based on § 103(a)                                                      
                      We determine the following factual findings from the record in this                  
               appeal:                                                                                     
                      (1) Appellants admit that wet wipes were known in this art to be used                
                          in sheet form, or in spiral form pulled from the center of a hollow              
                          coreless roll that has perforated sheets (Specification 1:22-28;                 
                          Answer 3);                                                                       
                      (2) Appellants define “wet wipes” as “any wipe, tissue or sheet …                    
                          that is wet or moist or becomes wet during use or prior to use”                  
                          (Specification 2:3-5; Answer 5);                                                 
                      (3) Gordon discloses wet-like cleansing wipes in a final product roll                
                          where the wetting composition comprises at least about 1 weight                  
                          percent of an inorganic salt (col. 14, ll. 1-24; col. 23, Example III            
                          (Table III); Figure 2, element 128; Answer 3);                                   
                      (4) Nissing discloses providing transverse grooves in single or multi-               
                          ply wet wipe material to aid in cleaning surfaces (Figure 5B; col.               
                          3, ll. 40-51; Answer 3); and                                                     
                      (5) Nissing teaches that texture, thickness, and bulk volume per unit                
                          weight are desirable features in wet wipe articles (col. 1, ll. 21-              
                          33).                                                                             

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