Appeal No. 2003-0577
Application No. 09/194,378
film, and an extensible liquid impervious backing such
as a polyethylene film backsheet material.
The coverstock material preferably comprises a
spunbonded polyethylene nonwoven web having a basis
weight of between about 15 gsm and 60 gsm...
The extensible intermediate layer preferably
comprises a variation of a three dimensional formed
film known as DRI-WEAVE which is used as a topsheet on
sanitary napkins manufactured by the Procter & Gamble
Company, Cincinnati, Ohio under U.S. Pat. Nos.
4,342,314 issued to Radel, et al. and U.S. Pat. No.
4,463,045 issued to Ahr, et al. The three dimensional
film has an embossed thickness of between about 15
mils to about 35 mils (about 0.38 mm to about 0.89 mm)
and is not apertured all the way through as in the
case of DRI-WEAVE topsheet material, but is formed so
that the apertures are closed off on the side of the
film that would ordinarily face away from the wearer’s
body in use. The formed film resin composition is
modified by adding a blend of linear low density
polyethylene (“LLDPE”) and high density polyethylene
(“HDPE”) such that the formed film is capable of
extending between about 60% and about 200% in the
longitudinal direction. The formed film is preferably
extrusion coated onto the nonwoven web.
When we compare the subject matter of appealed claim 27 to
Cardinal’s disclosure, we find that Cardinal does not disclose
the recited “substrate comprising at least 50% by weight of a
polyolefin that is incompatible with film Fraction A.” This
difference notwithstanding, the examiner held (answer, pages 4-
5):
Brown and Weinberger are concerned with the
creation of laminates useful as diapers. Said
laminates comprising a nonwoven polyolefin web and a
film (abstract and col. 8, lines 20-30, respectively)
[sic]. Both patents teach extrusion coating said film
to said nonwoven web (abstract and col. 8, lines 55-
63, respectively). It would have been obvious to a
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