Appeal No. 97-4294 Page 8
Application No. 08/294,155
structural feature or combination of structural and
material features allow these characteristics to
manifest.
The appellants argue (brief, pp. 3-4) that the
specification provides the required degree of clarity and
particularity. We agree. The specification at page 10, lines
23-32, provides a definition of the term "otherwise
substantially identical absorbent structure without any
wettable staple fiber" which is used in the phrase found
objectionable by the examiner. With this definition, the
phrase in question makes clear the boundaries of the subject
matter for which protection is sought. Thus, the examiner's
rejection is improper. Accordingly, the decision of the
examiner to reject claims 1 to 39 under 35 U.S.C. § 112,
second paragraph, is reversed.
The obviousness issues
We will not sustain the examiner's rejection of claims 1
to 39 under 35 U.S.C. § 103.
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