Ex Parte Koenig et al - Page 1




                           The opinion in support of the decision being entered today was not written                  
                                   for publication and is not binding precedent of the Board.                          

                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                     __________                                                        
                              BEFORE THE BOARD OF PATENT APPEALS                                                       
                                            AND INTERFERENCES                                                          
                                                     __________                                                        
                           Ex parte DAVID WILLIAM KOENIG, FRANKLIN M. C. CHEN,                                         
                              MELANIE A. KEOMANY, and JASON ROBERT BORSKI                                              
                                                     __________                                                        
                                               Appeal No. 2006-2581                                                    
                                             Application No. 10/029,322                                                
                                                     __________                                                        
                                                     ON BRIEF                                                          
                                                     __________                                                        
              Before SCHEINER, MILLS, and GRIMES, Administrative Patent Judges.                                        
              GRIMES, Administrative Patent Judge.                                                                     

                                              DECISION ON APPEAL                                                       
                     This appeal involves claims to absorbent products (e.g., diapers) that minimize                   
              the bacterial ammonia production.  The examiner has rejected the claims as obvious in                    
              view of the prior art.  We have jurisdiction under 35 U.S.C. § 134.  We reverse.                         
                                                     Background                                                        
                     “Human urine has a high level of osmotic strength and toxicity toward bacteria.                   
              Based on these characteristics, it could be assumed that bacterial growth in urine would                 
              be significantly inhibited such that foul odors, such as odors from ammonia, generated                   
              by the bacteria through metabolism would not be problematic.  However, numerous                          
              bacteria have evolved the ability to adapt to high osmolarity and toxicity conditions by                 






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