Appeal No. 95-4526
Application 08/200,251
body fluid downwardly in the z-direction, as broadly claimed,
in that it preferentially transfers fluid along its length
prior to transferring the fluid to the absorbent, and in that
hairy fibers on its lower side aid in transferring fluid to
the absorbent (column 3, lines 33-38).
For these reasons and based on the arguments and evidence
before us, the difference between the subject matter recited
in independent claim 4 and the prior art are such that the
subject matter as a whole would have been obvious at the time
the invention was made to one of ordinary skill in the art.
We therefore shall sustain the standing rejection of
independent claim 4 as being unpatentable over the combined
teachings of Sukiennik and Nosaki.
We also shall sustain the rejection of claims 5-10, which
depend from claim 4, as being unpatentable over the teachings
of Sukiennik and Nosaki, since appellants have not separately
argued the merits of these dependent claims with any
reasonable degree of specificity. See 37 CFR 1.192(c)(7) as
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