Appeal No. 97-0937
Application No. 08/054,508
Since the teachings of the three references fail to
establish a prima facie case of obviousness with regard to the
subject matter of claim 46, we will not sustain this rejection
of independent claim 46 or of claims 47-50, which depend
therefrom.
The second rejection of claims 46-50 also utilizes Enloe,
Igaue and Freeland as evidence that the basic features recited
in claim 46 would have been obvious, adding an additional
three references with regard to the subject of the
interchangability between two and three dimensional absorbent
garments. The added references also fail to overcome the
problem discussed above with the basic combination, and
therefore this rejection will not be sustained.
The decision of the examiner is reversed.
REVERSED
IAN A. CALVERT )
Administrative Patent Judge)
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