Ex parte OSBORN - Page 1




                                THIS OPINION WAS NOT WRITTEN FOR PUBLICATION                                                       

                The opinion in support of the decision being entered today (1) was not written for publication in a law journal and (2) is
                                                    not binding precedent of the Board.                                            
                                                                                                        Paper No. 29               
                                   UNITED STATES PATENT AND TRADEMARK OFFICE                                                       
                                                           ____________                                                            
                                        BEFORE THE BOARD OF PATENT APPEALS                                                         
                                                     AND INTERFERENCES                                                             
                                                           ____________                                                            
                                               Ex parte THOMAS W. OSBORN III                                                       
                                                           ____________                                                            
                                                       Appeal No. 1998-2794                                                        
                                                    Application No. 08/506,137                                                     
                                                           ____________                                                            
                                                  HEARD:  JANUARY 27, 2000                                                         
                                                           ____________                                                            
               Before ABRAMS, McQUADE, and BAHR, Administrative Patent Judges.                                                     
               BAHR, Administrative Patent Judge.                                                                                  




                                                     DECISION ON APPEAL                                                            
                       This is a decision on appeal from the examiner's final rejection of claims 1-3 and 5-12,                    
               which are all of the claims pending in this application.  We reverse.                                               
                                                        BACKGROUND                                                                 
                       The appellant's invention relates to an absorbent article having, inter alia, a liquid                      
               pervious topsheet, a liquid impervious back sheet joined to the topsheet, an absorbent core                         
               between the topsheet and back sheet and a barrier adjacent a longitudinal side edge of the                          






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