Ex parte SERGE CADIEUX et al. - Page 4




          Appeal No. 96-1410                                                          
          Application No. 08/321,384                                                  


          respective positions articulated by the appellants and the                  
          examiner.  As a consequence of our review, we make the                      
          determinations which follow.                                                


               We will not sustain the examiner's rejection of claim 1 as             
          being anticipated by Meyer.  In that regard, we agree with the              
          appellants that the "positive density gradient" recited in claim            
          1 is not anticipated by Meyer.                                              


               Claim 1 recites, inter alia,                                           
                    A unitized absorbent structure having respective                  
                    cover, transfer, and reservoir layers, . . .                      
                    [wherein] said respective layers have a                           
                    predetermined positive density gradient from the                  
                    cover layer to the reservoir layer.                               

          Thus, claim 1 requires both a predetermined positive density                
          gradient from the cover layer to the transfer layer and a                   
          predetermined positive density gradient from the transfer layer             
          to the reservoir layer.                                                     


               Initially, we note that the examiner's rationale for this              
          rejection in the final rejection is different from the rationale            
          set forth in the examiner's answer.                                         


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