Appeal No. 95-5027
Application 08/993,198
elucidated, nor can we determine, how or why one of ordinary
skill in the art would have modified the Eckert article to
eliminate these deficiencies. Such being the case, the
teachings of Eckert fail to establish a prima facie case of
obviousness with regard to the subject matter recited in claim
14, and we will not sustain this Section 103 rejection of
claim 14 or, it follows, of dependent claims 15-18.
Endres discloses a diaper in which barrier leg cuffs are
created by suitable folds and attachment at glue lines 20a
(Figures 1a and 3). Even considering, arguendo, that lines 16
delineate the inner edges of the barrier leg cuffs and that
these cuffs establish a transverse partition of some sort when
the diaper is in its finally folded stage, they do not form
that partition by being “directly” affixed together, as
required by the claim. Nor is it clear that they obstruct
fecal material from migrating from the rear to the front
portion of the diaper, also as required by the claim, in that
the reference does not clearly establish that any partition so
formed has no gap in the center, where fold lines 16 meet.
Thus, the teachings of Endres also fail to establish a prima
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