Ex Parte Underhill et al - Page 1



           The opinion in support of the decision being entered today was not         
           written for publication and is not binding precedent of the Board.         
                                                                                     


                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    _____________                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                    _____________                                     
              Ex parte RICHARD LOUIS UNDERHILL, PAUL DOUGLAS BEUTHER,                 
                      ROBERT IRVING GUSKY and KEVIN JOSEPH VOGT                       
                                Appeal No. 2006-1115                                  
                             Application No. 10/397,748                               
                                   ______________                                     
                                    ON BRIEF                                          
                                   _______________                                    
          Before GARRIS, WALTZ and FRANKLIN, Administrative Patent Judges.            
          GARRIS, Administrative Patent Judge.                                        
                                 DECISION ON APPEAL                                   
               This is a decision on an appeal which involves claims 13-21.           
               The subject matter on appeal relates to a tissue sheet                 
          having at least two distinct, regular, overall texture patterns             
          (e.g., see figures 1 and 2 of the appellants’ drawing) and an               
          optical reference pattern (e.g., see element 5 in figure 3).                
          This appealed subject matter is adequately represented by claim             
          13, the sole independent claim before us, which reads as follows:           







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