Ex Parte Richard - 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                                for publication and is not binding precedent of the Board.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 BEVERLY RICHARD                                                      
                                                    __________                                                         
                                                 Appeal 2007-0876                                                      
                                              Application 10/057,346                                                   
                                             Technology Center 1700                                                    
                                                    __________                                                         
                                              Decided: May 29, 2007                                                    
                                                    __________                                                         
                 Before DONALD E. ADAMS, ERIC GRIMES, and                                                              
                 LORA M. GREEN, Administrative Patent Judges.                                                          
                 GRIMES, Administrative Patent Judge.                                                                  


                                             DECISION ON APPEAL                                                        
                        This is an appeal under 35 U.S.C. § 134 involving claims to                                    
                 antibacterial toilet tissue.  The Examiner has rejected the claims as obvious.                        
                 We have jurisdiction under 35 U.S.C. § 6(b).  We affirm.                                              
                                                 BACKGROUND                                                            
                        The Specification discloses an antibacterial toilet tissue having a                            
                 plurality of coupled layers (id. at 2; see also Figure 2).  The layers include                        
                 upper, intermediate, and lower planar shaped absorbent members; the                                   




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