Ex Parte Fell et al - Page 13

                Appeal 2007-1563                                                                             
                Application 10/462,067                                                                       
                absorbent core” (Chen, col. 2, ll. 20-24).  Chen further discloses that the                  
                webs and basesheets (i.e., a first three-dimensional patterned stabilized                    
                absorbent layer) have very high “In-Plane Permeability” (i.e., in the length                 
                and width directions) (Chen, col. 23, ll. 49-66; col. 26, ll. 24-26).                        
                      Chen further discloses that the basesheets (i.e., a first three-                       
                dimensional patterned stabilized absorbent layer) may be “multi-ply                          
                basesheet structures and laminates with one or more layers being the dual-                   
                zoned webs described above” (Chen, col. 36, ll. 64-66).  Chen discloses that                 
                the “traditional fluff pulp absorbent core used in many absorbent articles                   
                may be replaced by a series of resilient basesheet layers” (Chen, col. 36, ll.               
                66-67, col. 37, ll. 1-2).                                                                    
                      We find that the properties (i.e., good wicking and rapid absorption of                
                liquids to the absorbent core) of Chen’s basesheets (i.e., a first three-                    
                dimensional patterned stabilized absorbent layer) are identical to the surge                 
                layer properties disclosed by Appellants.  Accordingly, it is reasonable to                  
                construe one of Chen’s basesheets (i.e., a first three-dimensional patterned                 
                stabilized absorbent layer) in the multi-ply basesheet structure as being a                  
                surge layer.  Moreover, Chen discloses that traditional absorbent core                       
                material may be replaced by several layers of basesheets (i.e., a first three-               
                dimensional patterned stabilized absorbent layer) according to the invention                 
                (Chen, col. 36, ll. 64-67; col. 37, ll. 1-5), such that the two topmost                      
                basesheets (i.e., a first three-dimensional patterned stabilized absorbent                   
                layer) of the multi-ply basesheet structure could be construed as the liner and              
                surge layers, respectively.                                                                  
                      Accordingly, we affirm the Examiner’s § 103(a) rejection of claims                     
                48 and 51 over Chen in view of Hansen.                                                       

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