Ex parte GERSTENBERGER et al. - Page 2




                     Appeal No. 1998-2811                                                                                                                                              
                     Application 08/670,137                                                                                                                                            


                     reads as follows:1                                                                                                                                                
                                1.  A biodegradable absorbent pad comprising:                                                                                                          
                                an inner liquid absorbent biodegradable sliver;                                                                                                        
                                a soft outer biodegradable non-woven web covering having                                                                                               
                     elongated edges; said outer covering having been formed by the                                                                                                    
                     joining of said elongated edges by a process other than heat                                                                                                      
                     sealing; said outer covering surrounding a substantial portion                                                                                                    
                     of said sliver;                                                                                                                                                   
                                said outer covering being liquid permeable, wherein                                                                                                    
                     liquid will wick through said outer covering into said inner                                                                                                      
                     absorbent sliver;                                                                                                                                                 
                                said pad enabled to absorb an amount of water per unit                                                                                                 
                     dry weight greater than eight grams water per gram dry weight.                                                                                                    
                                The references relied upon by the examiner as evidence of                                                                                              
                     obviousness are:                                                                                                                                                  
                     Nelson et al. (Nelson)                                                     1,985,667                        Dec. 25, 1934                                         
                     Gerstenberger et al. (Gerstenberger) 4,995,150                                                              Feb. 26, 1991                                         
                                Claims 1, 3 through 8, 29 and 30 stand rejected under 35                                                                                               
                     U.S.C. § 103 as being unpatentable over Gerstenberger.                                                                                                            
                                Claims 2, 9 through 16, 31 and 32 stand rejected under 35                                                                                              


                                1 Our review of the appealed claims indicates that the                                                                                                 
                     references to “said elongated sealed edges” in claim 3 lack a                                                                                                     
                     proper antecedent basis (there is no prior recitation that the                                                                                                    
                     edges are “sealed”) and that the recitation in claim 16 of the                                                                                                    
                     water absorption range is somewhat garbled.  These                                                                                                                
                     informalities are deserving of correction in the event of                                                                                                         
                     further prosecution before the examiner.                                                                                                                          
                                                                                          2                                                                                            





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