Ex Parte Sauer - Page 2

                Appeal 2006-2014                                                                             
                Application 09/745,006                                                                       

                As shown in Appellant’s Figure 1, the absorbent article includes a material                  
                formed as a single piece having two enlarged end portions (11, 12) and a                     
                narrowed portion (13) intermediate the two enlarged end portions (11, 12)                    
                (Specification 9).  The absorbent article includes a fluid impermeable                       
                backsheet or outer cover 21, a fluid permeable body-side liner (15) and a                    
                flap sheet or pocket sheet (24) attached to the body-side liner (Figure 2;                   
                Specification 10).  The flap sheet or pocket sheet has pleats (22) along                     
                opposed sides of the flap sheet (24) to permit the pocket formed by the flap                 
                sheet to expand and collect fecal matter (Figure 2, Specification 11).  The                  
                method for producing a disposable diaper comprises forming a substantially                   
                rectangular multi-layer material comprising a fluid impermeable backsheet,                   
                a body-side liner, and a flap sheet attached to the body-side liner proximate                
                the back region of the absorbent article (Specification 12, claim 15).  The                  
                method further comprises removing a portion of the material from opposed                     
                longitudinal edges to form two enlarged end portions (11, 12) and a                          
                narrowed intermediate portion (13) (Specification 12, Figure 1).  Discrete                   
                pleats (22) are formed in the flap sheet (24) on opposed sides of the pocket                 
                extending parallel to the longitudinal axis of the absorbent article                         
                (Specification 12, claim 15, Figures 1 and 2).                                               
                      Claims 31 and 15 are illustrative:                                                     
                      3.  An absorbent article comprising:                                                   

                                                                                                            
                1 The claims and Specification may fail to satisfy the enablement                            
                requirement of 35 U.S.C. § 112, first paragraph, because the disclosure does                 
                not describe how the pocket formed by the flap or pocket sheet permits                       
                ingress of fecal matter.   The Examiner and Appellant should address this                    
                matter in any further prosecution of this application.                                       
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