Ex Parte Richard - Page 3

                 Appeal 2007-0876                                                                                      
                 Application 10/057,346                                                                                

                               7.  An antibacterial tissue including:                                                  
                               an upper planar shaped absorbent member;                                                
                               a lower planar shaped absorbent member having a                                         
                        plurality of apertures formed therein coupled to the upper                                     
                        planar shaped absorbent member; and                                                            
                               an antibacterial member formed on an upper surface of                                   
                        the lower planar shaped absorbent member between the upper                                     
                        planar shaped absorbent member and the lower planar shaped                                     
                        absorbent member.                                                                              
                        Thus, claims 1 and 7 are directed, respectively, to the three-layer and                        
                 two-layer antibacterial tissues disclosed in the Specification.                                       
                 2.  PRIOR ART                                                                                         
                        The Examiner relies on the following reference:                                                
                        McAtee  US 6,280,757 B1  Aug. 28, 2001                                                         
                 3.  OBVIOUSNESS                                                                                       
                        Claims 1-12 stand rejected under 35 U.S.C. § 103 as obvious in view                            
                 of McAtee (Answer 4).                                                                                 
                        The Examiner cites McAtee as teaching personal cleansing articles                              
                 having two outer layers formed of paper fibers having a cleaning substance                            
                 between the two layers (id., citing McAtee, Figures 4, 5, and abstract).  The                         
                 Examiner points out that “[m]ore than two plies may also be used with any                             
                 or all of the plies being apertured (col. 6, lines 50-60)” and that “[t]he                            
                 cleaning substance may be added onto or impregnated into any or all of the                            
                 surfaces of the different layers, either before or after they are joined (col. 30,                    
                 lines 45-60)” (id.).  The Examiner notes that “[a] biocide may be an optional                         
                 ingredient (col. 30, lines 10-30)” (id.).                                                             

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