Appeal No. 2005-0314
Application No. 10/158,717
The reference set forth below is relied upon by the Examiner
in the rejection before us:
Phan et al. (Phan) 5,405,501 Apr. 11, 1995
All claims on appeal are rejected under 35 U.S.C. § 103(a) as
being unpatentable over Phan1.
We refer to the brief and to the answer respectively for a
complete exposition of the contrary viewpoints expressed by the
Appellants and by the Examiner concerning the above noted
rejection.
OPINION
We will sustain this rejection for the reasons well stated
by the Examiner in her answer. We add the following comments for
emphasis.
As correctly indicated by the Examiner, the appealed claims in
general and representative independent claim 64 in particular are
directed to a paper product. While claim 64 defines this product
in terms of the process by which it is made, the Examiner properly
based her patentability determination regarding this claim on the
1
1 According to the Appellants, the appealed claims will
stand or fall together (see page 2 of the brief). Accordingly,
we hereby select and will focus upon independent claim 64
as representative of the rejected claims. See 37 CFR
§ 41.37(c)(1)(vii)(September 2004), formerly 37 CFR
§ 1.192(c)(7)(2003).
2
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