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. 2Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 3, 2007