Ex Parte Richard - Page 2

                 Appeal 2007-0876                                                                                      
                 Application 10/057,346                                                                                

                 intermediate member having a plurality of spaced aligned openings                                     
                 (Specification 2).                                                                                    
                        “The intermediate member has formed thereon a dry antibacterial                                
                 member which is activated by moisture” (id.).  “The antibacterial                                     
                 member . . ., may be made for example, of an antibacterial agent such as for                          
                 example, Betadine or an antibacterial soap” (id. at 4 (as amended August 30,                          
                 2004)).                                                                                               
                        A second embodiment of the disclosed tissue includes only two                                  
                 layers:  upper and lower planar shaped absorbent members, with the lower                              
                 member having a dry antibacterial member on its upper surface (id. at 5-6).                           
                                                   DISCUSSION                                                          
                 1.  CLAIMS                                                                                            
                        Claims 1-12 are on appeal.  Claims 1 and 7, the two independent                                
                 claims on appeal, are representative and read as follows:                                             
                               1.  An antibacterial tissue including:                                                  
                                      an upper planar shaped absorbent member;                                         
                                      an intermediate planar shaped absorbent member                                   
                               having a plurality of apertures formed therein coupled to                               
                               the upper planar shaped absorbent member;                                               
                                      an antibacterial member formed on an upper                                       
                               surface of the intermediate planar shaped absorbent                                     
                               member between the upper planar shaped absorbent                                        
                               member and the intermediate planar shaped absorbent                                     
                               member; and                                                                             
                                      a lower planar shaped absorbent member coupled                                   
                               to a lower surface of the intermediate planar shaped                                    
                               absorbent member.                                                                       

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