Appeal No. 1998-2262
Application 08/745,303
portions actually extend along paths which are semi-elliptic
(see page 3, lines 35 through 41; and Figures 3 and 5). Thus,
the prior art applied in the manner proposed by the examiner
would not have suggested the subject matter recited in
independent claim 33.
Accordingly, we shall not sustain the standing 35 U.S.C.
§ 103 rejection of claim 33, or of claims 34 through 43 and
45 through 54 which depend therefrom, as being unpatentable
over Southwell in view of Suzuki, Tanzer and Igaue, or the
standing 35 U.S.C. § 103 rejection of claim 44, which depends
from claim 33, as being unpatentable over Southwell in view of
Suzuki, Tanzer, Igaue and Kitaoka.
Southwell also fails to meet the limitations in
independent claim 55 requiring the recited disposable panty to
include an absorbent barrier composite which is mounted across
the width of the crotch portion and has a generally uniform
thickness and a limited capacity for absorbing no more than
about 6 grams of liquidous exudates. The examiner’s apparent
finding (see page 6 in the answer) that Southwell’s “absorbent
barrier” 51 has a generally uniform thickness is at odds with
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