Ex Parte Graff - Page 12

                Appeal 2007-2206                                                                                   
                Application 10/181,977                                                                             

                a person of ordinary creativity, one of ordinary skill preparing an embossed                       
                sheet with truncated pyramid-shaped protrusions would have considered the                          
                angles recited in claim 5 obvious.  We therefore affirm the rejection of claim                     
                5.                                                                                                 
                       Appellant argues that Roussel and Laurent do not render claim 7                             
                obvious because “neither reference teaches or suggests a sheet with                                
                protuberances having a total height of between 0.05 mm and 0.5 mm                                  
                wherein each protuberance has a flattened free-end portion with rounded                            
                edges” (Br. 17).                                                                                   
                       We do not find this argument persuasive.  Laurent discloses that a                          
                visually attractive tissue paper sheet should contain a series of tightly packed                   
                background protrusions that “evince . . . the shapes of frusta of cone or                          
                pyramid of a height less than 0.5 mm, and preferably less than 0.1 mm . . .”                       
                (Laurent, col. 6, ll. 19-21).  Thus, we agree with the Examiner that one of                        
                ordinary skill would have recognized the desirability of using that shape and                      
                size of protrusion as the background embossment in Roussel’s sheet.  We                            
                therefore affirm the Examiner’s rejection of claim 7.                                              
                       Appellant argues that Roussel and Laurent do not render claim 9                             
                obvious because Roussel emphasizes a graphic pattern using a single                                
                embossed zone and an unembossed zone, whereas Laurent uses two                                     
                embossed zones (Br. 17).  Thus, Appellant argues, Roussel “actually teaches                        
                away from using two embossed zones” (id. at 18).  Appellant argues that                            
                “modifying the sheet of Roussel et al. to include two embossed zones, such                         
                as may be described in Laurent et al., may de-emphasize the graphics                               



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