Appeal No. 2000-0606
Application No. 08/755,435
specification. Specifically, as the user grasps the
forwardmost napkin and withdraws it through the cut out 21,
the leading flap of the next napkin will be pulled toward or
into the cut out 21 for subsequent grasping by the user. We
see nothing in the tilt of the Downham dispenser opening or
the non-uniform gripping pressure applied by the upper and
lower adaptors (brief, page 10) which would prevent dispensing
of napkins of an appropriate stack of interfolded napkins from
Downham's dispenser, albeit perhaps not in accordance with the
particular manner of operation contemplated by Downham.
As for the appellants' argument that the thumb recess 24
is not a finger access portion, the examiner does not contend
that the thumb recess 24 responds to the "finger access
portion" of the claim. The lower U-shaped margin 25 defines a
portion of the cut out which has a larger width (the height
dimension as illustrated in Figure 1) than the upper (slot)
portion defined by short rounded side marginal portions 26 and
upper margin 23. It is this lower portion of the cut out
which the examiner asserts responds to the recited "finger
access portion." We find no error in this determination.
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