Ex Parte Beitz et al - Page 6



              Appeal No. 2007-0517                                                                                       
              Application No. 10/768,647                                                                                 
              ordinary skill in the art would understand that Roslund’s “absorptive capacity is                          
              proportional to the total area of the openings, an indication that Roslund intends for                     
              a large total area of the openings.”  (Id. at 7-8).                                                        
                     We reverse the Examiner’s rejections of claims 1-11 but affirm the                                  
              Examiner’s rejection of claim 12.                                                                          

                                                        ISSUE                                                            
                     The issue is whether Applicant has shown that the Examiner erred in                                 
              rejecting the claims.  Specifically, the issue is:                                                         
                     To what extent does Roslund teach or suggest a fluid permeable                                      
                     splicing region?                                                                                    

                                                FINDINGS OF FACT                                                         
                     A. Applicant’s ‘647 Specification and Claims                                                        
              1) Applicant’s claims on appeal are directed to a process for splicing two                                 
              absorbent materials to form a longer continuous length of absorbent materials.                             
              (Appeal Brief, Independent claims 1 & 12).                                                                 

              2) A first and second splice region is formed by attaching a piece of splicing                             
              material to both the trailing end of a first absorbent material and to the leading end                     
              of a second absorbent material.  (Id.).                                                                    

              3) The splicing material has a fluid permeability at least about as great as the                           
              fluid permeability of the first and second absorbent materials to be joined.  (Id.).                       

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