Appeal No. 1998-2794 Page 4
Application No. 08/506,137
line, to page 8, line 2). Further, the x-y plane is a plane generally parallel to the faces of the
absorbent article.
We note that there is no disclosure in Foreman regarding the degree of extensibility of
the topsheet in its x-y plane (parallel to the top and bottom surfaces thereof). In the illustrated
embodiment, the barrier cuff (62) is extensible in a (x-y) plane parallel to its inboard and
outboard surfaces in that it is gathered or contracted (column 14, lines 58-60) by a spacing
means in the form of an elastic member (77) and can be extended to an ungathered or
uncontracted position by the application of force. Quite simply, we find no teaching in
Foreman which indicates that the barrier cuff is less extensible than the topsheet.
The examiner's position (final rejection, page 4), which appears to rely on other
alternative forms of spacing means discussed in column 16, lines 3-29, is that:
[i]f the barrier and top sheet are made of the same material, all material being
"extensible" or having "give" in all directions to some extent, and the barrier is
made stiffer or shortened from its original length which can also be the same as
that of the topsheet, the barrier will have less give or extensibility due to its
being shortened or stiffer than the topsheet.
Even accepting the examiner's initial assumption that the barrier cuff and topsheet are
made of the same material, an assertion for which we find no basis in Foreman , it does not3
necessarily follow that stiffening or shortening the barrier cuff as taught by Foreman will make
In fact, Foreman's disclosure that the topsheet must be liquid pervious (column 3, line 36) and the barrier3
preferably liquid impermeable (column 13, lines 16-17) suggests to us that the materials of the barrier cuff and
topsheet, even if made from the same fiber, film or foam, must be processed differently so as to possess different
properties, which may or may not affect the extensibility of the product.
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007