Ex Parte Zehner et al - Page 2

                Appeal 2007-1560                                                                             
                Application 10/680,968                                                                       

                of Appellants' claimed invention can be gleaned from independent                             
                claim 1 which appears below:                                                                 
                      1.  A disposable absorbent article having a longitudinal                               
                      centerline (70) and a lateral centerline (72), the article                             
                      comprising:                                                                            
                      a liquid impermeable outer cover (48);                                                 
                      a liner composite (30), the liner composite (30) including:                            
                      (a) an extensible, fluid permeable liner material (32)                                 
                      having an upper surface (36) and an opposing lower                                     
                      surface (38); and (b) a non-tensioned elastic (34), the non-                           
                      tensioned elastic (34) being associated with at least a                                
                      portion of a surface (36, 38) of the liner material (32),                              
                      wherein upon activation at least a portion of the liner                                
                      composite (30) adjacent where the liner material (32) and                              
                      the non-tensioned elastic (34) are associated is adapted to                            
                      (i) have a retraction capability differential of at least 10%                          
                      and (ii) attain a three-dimensional configuration, and                                 
                      wherein at least that portion of the liner material (32)                               
                      adjacent where the liner material (32) and the non-                                    
                      tensioned elastic (34) are associated is adapted to extend                             
                      no less than 25%; and                                                                  
                      an absorbent core (50) disposed intermediate the outer                                 
                      cover (48) and the liner composite (30).                                               

                      The Examiner relies on the following references in rejecting                           
                the appealed subject matter:                                                                 
                Coles                        EP 0 650 714 A1                          May 3, 1995            
                Osborn, III               US 6,287,288 B1                         Sep. 11, 2001              





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