Appeal No. 95-4526
Application 08/200,251
amended, effective April 21, 1995. See also In re Young, 927
F.2d 588, 590, 18 USPQ2d 1089, 1091 (Fed. Cir. 1991) and In re
Wood, 582 F.2d 638, 642, 199 USPQ 137, 140 (CCPA 1978).
Independent claim 38 is similar to independent claim 4,
but adds that the first material in conjunction with the
separation layer “has a rewet value of less than 1.7 grams.”
In that the test described in the Kaspar affidavit in the
paragraph spanning pages 4 and 5 establishes that sanitary
napkins constructed in accordance with the flow control layer
teachings of Sukiennik have a rewet value of about 1.36 grams,
which is well within the claimed range, it is reasonable to
conclude that providing a flow control layer in accordance
with Sukiennik’s teachings in Nosaki would result in an
absorbent article that satisfies the rewet
requirement of claim 38.5
5 In light of the test described in the Kaspar affidavit
in the paragraph spanning pages 4 and 5, appellants’ statement
on page 16 of the brief that “[n]o single prior art references
teach [sic, reference teaches] rewet values below 1.7 grams .
. .” is not well taken.
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