Appeal No. 2006-0885
Application No. 10/168,883
wherein the backsheet comprises melt-blown nonwoven web
made from fine fibers having an average fiber diameter of
from about 3 µm to about 10 µm, the backsheet has a basis
weight of from about 3 g/m2 to about 60 g/m2 and an air
permeability value of at least about 15 cm3/cm2/sec;
wherein the nonwoven web has a moisture breathability value
of at least 7,000 g/m2/24 hours; and wherein the disposable
garment exhibits no leakage under 1 psi of pressure.
The Examiner found that Levy teaches a disposable diaper
comprising a liner, an absorbent medium and a backing material
comprising a water resistant barrier fabric. According to the Examiner, it
is commonly known in the art to provide a diaper with a liquid pervious
topsheet, an absorbent core, a backsheet, and elasticized leg cuffs.
(Answer, p. 3). Levy teaches that at least about 50% of the fibers in the
melt-blown web are polyolefin, e.g. polypropylene, micro-fibers having
an average diameter of less than 5 microns. (Col. 7, ll. 15-30). Levy
further discloses the barrier fabric provides satisfactory barrier properties
when having a basis weight ranging from about 10 gms to about 30 gms
(Col. 12, ll. 20-24). The Examiner recognized that Levy did not explicitly
teach the leakage under 1 psi of pressure, air permeability value, and
moisture breathability value as specified in claim 1. However, due to the
similarity of the average diameter of the polypropylene fiber and the
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