Appeal No. 1996-2960
Application 08/192,027
Claims 1 and 14 are illustrative of the subject matter on appeal and are reproduced
below:
1. A tissue comprising two or more plies and thereby having two or more
internal ply surfaces, two of said plies being outer plies, wherein one or more of said
internal surfaces contains a colored or patterned indicia which is visible through at least
one of said outer plies.
14. A three-ply facial tissue comprising two outer tissue plies and an inner tissue
ply crimped together at the edges of the plies, said inner ply containing a virucide and a
colored or patterned indicia which is visible through both outer plies.
1
The references relied upon by the examiner are:
Brown 2,143,682 Jan. 10, 1939
Holbein et al. (Holbein) 4,504,357 Mar. 12, 1985
Amano et al. (Amano) 63-270896 Nov. 8, 1988
(Japanese Patent)
Ground of Rejections
Claims 1-19 stand rejected under 35 U.S.C. § 103. As evidence of
obviousness, the examiner relies upon Holbein, Brown, Amano, and the admitted state of
the prior art from the specification.
We reverse.
1The examiner has additionally listed British Patent 1,268,262 to Barfred in the
Examiner's Answer at page 2. We find no other mention of Barfred or any indication that
the examiner intends to rely on this document in this appeal. Therefore, we have not
considered this reference in this appeal.
2
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