Appeal No. 2002-0913
Application No. 09/107,643
diaper pad corresponding to the claimed “liquid-absorbent
material” of the disposable diaper.
Like appellant, we believe the examiner has misapplied
McConnell is attempting to read the claimed “disposable diaper”
comprising a layer of liquid-absorbing material and a plastic
layer on McConnell’s combined reusable retaining garment and
disposable diaper pad. We arrive at this conclusion
notwithstanding the examiner’s observation, admittedly correct,
that the reusable retaining garment of McConnell “is fully
capable of being disposed . . . after one use” (answer, page 11).
Simply put, one of ordinary skill in the art would not consider
the appealed claims, when read in light of the specification, to
encompass within their scope the combination of a reusable
retaining garment and a disposable pad such as taught by
McConnell. This is especially so in view of McConnell’s
disclosure at column 1, lines 45-47, that the retaining garment
thereof is of the type intended to be reused many times.
For this reason alone, the rejection of claims 7-40 as being
anticipated by or, in the alternative, obvious over McConnell
cannot be sustained.
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