Ex Parte Richlen et al - Page 11

                  Appeal 2007-1323                                                                                          
                  Application 10/032,701                                                                                    
                  persuaded by these arguments.  Appellants’ only other argument relates the                                
                  processing of the article on a manufacturing line (Br. 12-13).  We note,                                  
                  however, that the claims do not contain any particular process requirements.                              
                  Accordingly, we do not find this argument persuasive.  Accordingly, we                                    
                  affirm the rejection of claim 16 under 35 U.S.C. § 103(a).  Claim 35 falls                                
                  together with claim 16.                                                                                   

                  The combination of Igaue and Van Gompel:                                                                  
                         Claims 42, 44, 47, and 48 stand rejected under 35 U.S.C. § 103(a) as                               
                  unpatentable over the combination of Igaue and Van Gompel.  The claims                                    
                  have not been argued separately and therefore stand or fall together.                                     
                  37 C.F.R. § 41.37(c)(1)(vii).  Therefore, we limit our discussion to                                      
                  representative claim 42.                                                                                  
                         Claim 42 is drawn to an absorbent garment.  The garment comprises,                                 
                  inter alia, a body panel having a tear strength of less than about 5 lbf along                            
                  said line of weakness and “front and rear body panels having terminal crotch                              
                  edges spaced apart to define a gap and an absorbent composite bridging the                                
                  gap and connected to the panels” (Answer 5).                                                              
                         The Examiner relies on Igaue to teach a garment with “a unitary front                              
                  and rear connected to an absorbent composite with a tearable line of                                      
                  weakness adjacent a side seam” (Answer 5).  The Examiner relies on Van                                    
                  Gompel to teach an                                                                                        
                         open type diaper or pants type garment designed with a unitary                                     
                         front and rear connected to an absorbent composite or with                                         
                         front and rear panels having terminal crotch edges spaced apart                                    
                         to define a gap, i.e. nonunitary front and rear panels, and an                                     
                         absorbent composite bridging the gap and connected to the                                          
                         panels.                                                                                            

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