Appeal No. 2005-2330
Application No. 10/026,123
to joining the sealing areas of the web. Compare In re Hampel,
162 F.2d 483, 485, 74 USPQ 171, 173 (CCPA 1947) (Mere change of a
sequence is not a patentable modification of a known process);
In re Burhans, 154 F.2d 690, 692, 69 USPQ 330, 332 (CCPA 1946).
Indeed, Widlund also teaches that it is well known to form hook
and loop refastening surfaces on a web prior to joining the
refastening surfaces, i.e., before cutting the web, in a similar
process for forming a pants diaper. See column 3, line 34 to
column 4, line 49 and column 7, lines 7-27, conjunction with
Figures 1, 2 and 11.
With respect to claims 4, 5 and 9, we concur with the
examiner that Fletcher and Johansson would have suggested
locating refastening surfaces in the claimed areas to form the
disposable absorbent article of the type discussed in Schmitz.
We also note that Schmitz illustrates in its Figures 1 and 2
absorbent articles having sealing (refastening) surfaces in the
locations recited in claims 4, 5 and 9. See also column 5, line
37 to column 6, line 17.
With respect to claim 6, we note that Schmitz illustrates
the claimed portions of the web that will form adjacent pre-forms
which are joined to each other by the back waist section of one
pre-form and the back waist section of the adjacent pre-form.
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