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. 10Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 3, 2007