Ex Parte Fletcher et al - Page 17



                      Appeal No. 2006-1769                                                                                        
                      Application No. 09/784,292                                                                                  


                      is suitable for wiping a wearer’s skin during the changing of a soiled                                      
                      absorbent garment.  This could include materials such as cloth or                                           
                      paper.                                                                                                      
                              The appellants have not provided evidence demonstrating why                                         
                      the cloth material disclosed in Kuen would not be suitable for wiping                                       
                      a wearer’s skin during the changing of a soiled absorbent garment.                                          
                      The appellants contend that the term “wipe material” has a special                                          
                      meaning in the art, but the meanings provided by the appellants do not                                      
                      exclude the cloth material disclosed in Kuen.  A cloth material, such                                       
                      as that described in Kuen ‘162, is absorbent and is suitable for wiping                                     
                      a wearer’s skin during the changing of a soiled absorbent garment.  As                                      
                      such, we affirm the examiner’s rejection of claims 5 and 38.                                                
                              C.      Dependent Claims 2-4, 6-20, 22-33, 35-37, 39 and 40                                         
                              The appellants did not separately argue the patentability of                                        
                      these dependent claims.  Rather, they relied on their arguments of                                          
                      patentability for independent claims 1, 21, and 34.  Finding no                                             
                      argument for the separate patentability of these claims, we agree with                                      
                      the examiner (answer, page 3) that they should be considered to fall                                        
                      with independent claims 1, 21, and 34.  As such, because we affirm                                          
                      the examiner’s rejection of the independent claims, we also affirm the                                      
                      rejection of these dependent claims.                                                                        

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