Ex parte OSBORN - Page 2




               Appeal No. 1998-2794                                                                         Page 2                 
               Application No. 08/506,137                                                                                          


               absorbent article having an inner edge, an outer edge and a pair of ends.  The outer edge and                       
               the ends of the barrier are joined to the topsheet and at least a portion of the inner edge of the                  
               barrier is unattached to the topsheet between the ends.  It is important to appellant that the                      
               topsheet is extensible and that the barrier is less extensible than the topsheet so that the barrier                
               tends to move to a more upright disposition to form a lip upon extension of the topsheet.                           
                       The prior art reference of record relied upon by the examiner in rejecting the appealed                     
               claims is:                                                                                                          
               Foreman                               4,938,755                              Jul. 3, 1990                           
                       The following rejections are before us for review.                                                          
               1.      Claims 1-3 and 5-12 stand rejected under 35 U.S.C. § 102(b) as being anticipated by                         
               Foreman.                                                                                                            
               2.      Claims 1-3 and 5-12 stand rejected under 35 U.S.C. § 103 as being unpatentable over                         
               Foreman.                                                                                                            
                       Reference is made to the brief (Paper No. 20) and the final rejection (Paper No. 16) and                    
               answer (Paper No. 21) for the respective positions of the appellant and the examiner with                           
               regard to the merits of these rejections.                                                                           














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