Ex Parte Hilbig et al - Page 2

                Appeal 2007-2039                                                                                  
                Application 10/619,656                                                                            

                                         STATEMENT OF THE CASE                                                    
                       The subject matter on appeal is directed to a method for making a                          
                tissue product having a property defined by a functional language.  Further                       
                details of the appealed subject matter are recited in representative claims 1                     
                and 7 reproduced below:                                                                           
                       1. A method for making a tissue paper product from a tissue                                
                paper web, said method comprising the steps of:                                                   
                       -passing said tissue paper web through an embossing nip                                    
                       formed between a first and a second embossing roll, wherein at                             
                       least one of said embossing rolls comprises at least 30                                    
                       embossing elements per square centimeter; and,                                             
                -applying a transferable lotion to at least portions of said tissue                               
                paper web such that said tissue paper product is adapted to transfer a                            
                first quantity of said transferable lotion upon stationary contact with a                         
                glass surface and transferring a second quantity of said transferable                             
                lotion upon dynamic contact with a glass surface, wherein said second                             
                quantity is at least 2 times greater than said first quantity.                                    
                       7.  A tissue paper product made according to claim 1.                                      
                                                                                                                 
                       As evidence of unpatentability of the claimed subject matter, the                          
                Examiner has relied upon the following references:                                                
                Kamps   US 5,702,571   Dec. 30, 1997                                                              
                Luu    US 6,352,700 B1   Mar. 5, 2002                                                             
                The Appellants’ admission at pages 6 through 8 of the Specification                               
                (hereinafter referred to as “the admitted prior art”).                                            
                       The Examiner has rejected claims 1 through 7 under 35 U.S.C.                               
                § 103(a) as unpatentable over the combined disclosures of Luu and either                          
                Kamps or the admitted prior art.  The Examiner has found that Luu teaches                         

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