Appeal No. 2000-0606
Application No. 08/755,435
From our perspective, even assuming the napkins stacked
in Downham's device were interfolded as described on page 9 of
appellants' brief with alternating top and bottom fold
arrangements and the leading flap of each napkin being
interfolded ahead of the trailing flap of the preceding
napkin, the central region of the forwardmost of such napkins
in the stack would still be caused to bulge into the space 36
by the support arrangement of the upper and lower adaptors 29,
32, as illustrated in Figure 3, thereby being accessible to
the user's fingers/thumb for removal. Moreover, while the3
alternating fold pattern would not present a flap having an
upper free end for each napkin in the stack as does the non-
interfolded stack disclosed by Downham, the Downham dispenser
is capable of dispensing a stack of appropriately sized
interfolded napkins having leading and trailing flaps of
adjacent napkins sufficiently tightly or securely interfolded
in much the same manner described on page 7 of appellants'
While such gripping of the bulged portions of napkins having folds on3
top may not be as easy as gripping of a downwardly and forwardly disposed flap
extending from a bottom fold as taught by Downham, it is not apparent to us
why such gripping is not possible, especially given the similarity of the
dispensing face of Downham's dispenser to the dispensing face of appellants'
disclosed dispenser.
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