Ex Parte Kellenberger et al - Page 6

                Appeal 2006-3388                                                                             
                Application 10/246,800                                                                       

           1    is not a disclosure or suggestion that this z distribution spreads through at                
           2    least 50% of the thickness of the elastomeric substrate.                                     
           3          We will sustain the Examiner’s rejection of claims 29 to 30 and 60 to                  
           4    61 under 35 U.S.C. § 103 as being unpatentable over Osborn in view of                        
           5    Whitmore and Nogata.  Appellants make the same arguments regarding the                       
           6    combination of Osborne and Whitmore as were made in response to the                          
           7    rejection of claim 1.  Appellant’s argument that Nogata does not disclose the                
           8    incorporation of a superabsorbent polymer into a fiber product is not                        
           9    persuasive as we have found this teaching in the combined teachings of                       
          10    Osborn and Whitmore.                                                                         
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          14                              AFFIRMED-IN-PART                                                   
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          18    vsh                                                                                          
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          22    PAULEY PETERSEN & ERICKSON                                                                   
          23    2800 WEST HIGGINS ROAD                                                                       
          24    HOFFMAN ESTATES IL 60169                                                                     






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