Appeal No. 2006-1670 Page 2
Application No. 10/336,729
BACKGROUND
The appellants’ invention relates to bed clothing with means for facilitating the changing
of an absorbent panel thereof (present specification, p. 1). A copy of the claims under appeal is
set forth in the appendix to the appellants’ brief.
The examiner relies upon the following as evidence of unpatentability:
Fukuroi US 4,015,457 Apr. 5, 1977
O’Connell US 4,097,943 Jul. 4, 1978
Blake US 5,086,530 Feb. 11, 1992
Ghanem US 6,651,278 B2 Nov. 25, 2003 (Oct. 12, 2001)
The following rejections are before us for review.
Claims 27-52 stand rejected under 35 U.S.C. § 112, first paragraph, as containing subject
matter which was not described in the appellants’ specification so as to convey that the
appellants had possession of the invention at the time the application was filed, i.e., failing to
comply with the written description requirement.
Claims 27-29, 31, 34-47 and 49-51 stand rejected under 35 U.S.C. § 102(e) as being
anticipated by Ghanem.
Claims 1, 2, 5, 8-10, 12-15, 17-21, 23-25, 27, 28, 31, 34-36, 38, 40, 41, 43-47 and 49-51
stand rejected under 35 U.S.C. § 103 as being unpatentable over Blake in view of Ghanem.
Claims 1, 2, 5, 8-10, 12, 13, 16-21, 23-25, 27, 28, 31, 34-36, 38, 42-47 and 49-51 stand
rejected under 35 U.S.C. § 103 as being unpatentable over Ghanem in view of Blake.
Claims 3 and 29 stand rejected under 35 U.S.C. § 103 as being unpatentable over Blake
in view of Ghanem or Ghanem in view of Blake, as applied to claim 2 above, and further in view
of Fukuroi.
Claims 11, 13, 37 and 39 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Blake in view of Ghanem or Ghanem in view of Blake, as applied to claim 1 above, and further
in view of O’Connell.
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