Ex Parte BEUTHER et al - Page 8




          Appeal No. 2003-1818                                                        
          Application 09/223,602                                                      


              about 35 pounds per 3,000 square feet (about 5 to about                 
              57 grams per square meter), which basis weights are with                
              respect to paper 70 in an uncreped state.  More                         
              preferably, the total basis weight of paper 70 is from                  
              about 7 to about 25 pounds per 3,000 square feet (about                 
              11 to about 41 grams per square meter) and the basis                    
              weight of layer 71 is from about 3 to about 20 pounds                   
              per 3,000 square feet (about 5 to about 33 grams per                    
              square meter) as measured in an uncreped state [column                  
              7, line 47, through column 8, line 2].                                  
              Table Ib in column 10 of the reference enumerates certain               
          parameters, including basis weight, bulk density and machine                
          direction stretch, for five specific examples of Carstens’ two-             
          layer design.  Figures 37, 38 and 39 depict alternative                     
          embodiments which are generally described, without specific                 
          parameters, at column 20, lines 35 through 68.  Examples 1                  
          through 5 (see columns 23 through 34) pertain to still further              
          embodiments whose parameters, including basis weight, bulk                  
          density and machine direction stretch, are listed in Tables VI              
          through X, respectively.                                                    
              In rejecting claim 8 as being anticipated by Carstens (see              
          page 3 in the answer), the examiner relies on the specific                  
          examples of Carstens’ two-layer tissue design summarized in Table           
          Ib and, in apparent appreciation of the fact that these                     
          particular examples do not meet the basis weight limitation in              
          claim 8, on the general basis weight ranges for the two-layer               
          tissues set forth in the above reproduced passage bridging                  

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