Appeal No. 97-4294 Page 14
Application No. 08/294,155
966 (Fed. Cir. 1985); In re King, 801 F.2d 1324, 1327, 231
USPQ 136, 138 (Fed. Cir. 1986).
For the reasons set forth below in the rejections under
35 U.S.C. § 102, it is our view that the PTO has established a
prima facie case of anticipation based upon inherency.
Hence, the appellants' burden before the PTO is to prove that
the applied references do not perform the functions defined in
the claims.
35 U.S.C. § 102(e) Rejection based on Jackson
Claims 1 to 39 are rejected under 35 U.S.C. § 102(e) as
being anticipated by Jackson.
Jackson discloses a high wicking liquid absorbent
composite suitable for a wide number of uses including
personal care products. The composite is made from a
relatively uniform mixture of from about 5 to about 20 percent
fine wettable fiber,
from about 3 to about 30 percent pulp fibers, from about 50 to
about 90 percent superabsorbent and from 0 to about 10 percent
binder, the percentages being on a dry weight basis.
Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: November 3, 2007