Appeal 2006-2827
Application 09/883,893
have not been considered and are deemed to be waived. See 37 C.F.R.
§ 41.37(c)(1)(vii) (2004).
FINDINGS OF FACT
We find the following enumerated findings to be supported by at least a
preponderance of the evidence. Ethicon, Inc. v. Quigg, 849 F.2d 1422, 1427, 7
USPQ2d 1152, 1156 (Fed. Cir. 1988) (explaining the general evidentiary standard
for proceedings before the Office).
1. Yates discloses a combination tissue dispenser station and disposal
station (Yates, col. 1, ll. 9-11, Figs. 1-3). The tissue dispenser station is
separated from the tissue disposal station by a wall 19 (Yates, col. 2, ll. 4-
12, Fig. 1-3).
2. Yates further teaches a tissue dispensing orifice 17 (Yates, col. 2, ll. 12-
14, Fig. 1), and a tissue disposing orifice (Yates, col. 3, ll. 49-57).
3. Yates shows the tissue dispenser station overlying the tissue disposal
station with the tissue dispensing orifice facing upwardly and the tissue
disposing orifice facing downwardly (Yates, Figs. 1-5).
4. Wilson teaches “a multifunction bathroom device which may be utilized
either to provide a water-resistant closure for soap used in the bathtub or
shower or in the bathroom as a bathroom tissue cover to provide a water-
resistant closure for the bathroom environment” (Wilson, col. 2, ll.
35-39).
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