Ex parte SIMMONS - Page 3




          Appeal No. 1998-0795                                                        
          Application No. 08/482,639                                                  


               We have carefully reviewed these rejections on appeal in               
          light of the arguments of the appellant and the examiner.  As               
          a result of this review, we have reached the determination                  
          that the prior art establishes the lack of novelty of claims                
          46 and 54.  The rejection of these claims under 35 U.S.C.                  
          102 is affirmed.  Furthermore, we have determined that claims               
          48, 50 through 53, and 55 through 58 have been amended to                   
          avoid the rejection under 35 U.S.C.  112, first paragraph.                 
          Accordingly, this rejection is reversed.  Our reasons follow.               
               Turning to claims 46 and 54 on appeal, we must point out               
          that the claims do not require the multiple plies of stock                  
          material to be attached or stacked, nor do the claims require               
          all of the plies to be made of the same material.  For these                
          reasons, it is our finding that Krueger anticipates claims 46               
          and 54.  Krueger discloses a shell formed from tissue paper, a              
          single ply of stock material.  Krueger further shows the                    
          inside stuffing being made of shreds of paper in the range of               
          8 to 12 mm long and 2 to 3 mm wide.  It is axiomatic that the               
          shreds of paper of Krueger were at one time plies of stock                  
          material before they were shredded.  Finally, Krueger teaches               
          closing the pillow-shaped article with a longitudinal fold and              
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