Appeal No. 2002-2298 Page 2
Application No. 09/442,442
BACKGROUND
The appellant's invention relates to an apertured web of material having
improved aperture formation (specification, p. 1). A copy of the independent claims
under appeal is set forth in the opinion section below.
Claims 44 to 47 stand rejected under 35 U.S.C. § 102(b) as being anticipated by
or, in the alternative, under 35 U.S.C. § 103 as obvious over U.S. Patent No. 5,567,376
to Turi et al. (Turi).
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejection, we make reference to the answer
(Paper No. 11, mailed April 8, 2002) for the examiner's complete reasoning in support
of the rejection, and to the brief (Paper No. 10, filed January 14, 2002) and reply brief
(Paper No. 12, filed June 17, 2002) for the appellant's arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellant's specification and claims, to the Turi patent, and to the respective
positions articulated by the appellant and the examiner. As a consequence of our
review, we make the determinations which follow.
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