Ex Parte Melbye et al - Page 2



          Appeal No. 2002-0846                                                         
          Application 09/503,452                                                       

          each projection having a stem portion and a top portion, said                
          projection having a given first cross-sectional dimension, and               
          height, said web backing and projections combined having a given             
          second height;                                                               
               b)  providing a gap formed by a first surface and a second              
          surface, the gap being less than the second height, a first                  
          surface being heated to a temperature above the flow temperature             
          of the thermoplastic material forming the projections; and                   
               c)  moving the web backing into and through the gap such                
          that the thermoplastic material forming the top portion of the               
          projections are deformed, such that the projections have a second            
          cross-sectional dimension and height which height is less than               
          the first height and which second cross-sectional dimension is               
          larger than the first cross-sectional dimension, by the heated               
          surface under pressure, providing hooks with upstanding stem                 
          portions and hook heads having a smooth upper surface.                       

               The examiner relies upon the following references as                    
          evidence of unpatentability:                                                 
          Doleman et al. (Doleman)      3,590,109       June 29, 1971                  
          Hamano                      3,718,725       Feb. 27, 1973                  

               Claims 17-25 stand rejected under 35 U.S.C. § 103 as being              
          unpatentable over Hamano in view of Doleman.                                 
               Claims 17-25 stand provisionally rejected under the                     
          judicially created doctrine of obviousness-type double patenting             
          as being unpatentable over certain claims of co-pending                      
          Application No. 08/766,544 in view of Hamano.  We refer to pages             
          2-3 of the answer regarding the identification of the certain                
          claims of co-pending Application No. 08/766,544.                             
               On page 2 of the answer, the examiner indicates that co-                
          pending Application No. 08/766,544 is currently under appeal.                
          Appeal No. 2000-2013 is the decision in connection with this                 
          application.                                                                 

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