Appeal No. 2003-1818
Application 09/223,602
THE REJECTIONS
Claims 8 and 10 through 13 stand rejected under 35 U.S.C.
§ 102(b) as being anticipated by, and in the alternative under 35
U.S.C. § 103(a) as being unpatentable over, Salvucci.
Claim 8 stands rejected under 35 U.S.C. § 102(b) as being
anticipated by Carstens.
Claims 8 and 10 through 13 stand rejected under 35 U.S.C.
§ 103(a) as being unpatentable over Carstens.
Attention is directed to the briefs and the answer for the
respective positions of the appellants and the examiner regarding
the merits of these rejections.
DISCUSSION
I. The 35 U.S.C. § 102(b) and § 103(a) rejections of claims 8 and
10 through 13 based on Salvucci
As framed and argued by the appellants, the dispositive
issue with respect to these rejections is whether Salvucci
teaches or would have suggested a tissue meeting the limitations
in independent claim 8 requiring the tissue sheet to comprise a
Yankee side surface which has a smooth appearance and is
substantially free from any discernable crepe pattern, and the
corresponding limitations in independent claim 10 requiring the
tissue to comprise a Yankee side having a smooth appearance and
no discernable crepe pattern when viewed with the naked eye.
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