Ex Parte Hewett - Page 2



            Appeal 2006-2827                                                                                
            Application 09/883,893                                                                          
                                      STATEMENT OF THE CASE                                                 
                   Appellant seeks our review under 35 U.S.C. § 134 of the Examiner’s final                 
            rejection of claims 40-47 and 54.  We have jurisdiction under 35 U.S.C. § 6(b). We              
            reverse.                                                                                        
                                            THE INVENTION                                                   
                   Appellant claims a method of providing tissues in a shower stall including a             
            tissue dispensing device for retaining a heavy-duty tissue and a disposal device to             
            permit convenient disposal of the waste tissue.  The dispensing and disposal                    
            devices are located in the moist areas of the bathroom, such as shower, bathtub,                
            sauna, or steam room (Specification 2:21-25).  Claim 40, the only independent                   
            claim remaining in the application, is representative of the subject matter on                  
            appeal.                                                                                         
                         40.  A method of providing tissues in a shower stall                               
                         comprising the steps of:                                                           
                               A) providing a tissue dispenser having a tissue                              
                         dispenser station containing tissues to be dispensed, and a                        
                         tissue disposal station for receiving used tissues, the                            
                         tissue dispenser station separated from the tissue disposal                        
                         station by a wall and having a tissue dispensing orifice,                          
                         the tissue disposal station having a tissue disposing                              
                         orifice; and                                                                       
                               B) mounting the tissue dispenser at the shower                               
                         stall above floor level.                                                           





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