Appeal No. 95-4526
Application 08/200,251
would possess the characteristic called for in claim 56. As
with the rejection of claim 47, the examiner’s position is
speculative.
We therefore shall not sustain the standing § 103
rejection of claim 56. Furthermore, in that dependent claims
60-63 also recite that the separation means has a rewet value
which is at
least 10% lower than the rewet value of the second material
without the separation means, the presence of this limitation
constitutes an additional reason for not sustaining the § 103
rejection thereof based on Sukiennik and Nosaki.
(2) Claims 4-10 and 38.
Unlike the majority of the independent claims on appeal,
independent claim 4 does not require the second material of
the bicomponent cover to be nonapertured. In addition, claim
4 does not set forth any particulars with respect to rewet
values. From our perspective, it would have been obvious to
one of ordinary skill in the art to provide a fluid control
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