Appeal No. 1998-2811
Application 08/670,137
recited in claim 1 and the prior art are such that the subject
matter as a whole would have been obvious at the time the
invention was made to a person having ordinary skill in the
art, we shall not sustain the standing 35 U.S.C. § 103
rejection of claim 1, or of claims 3 through 8, 29 and 30
which depend therefrom, as being unpatentable over
Gerstenberger.
Claim 2 depends from claim 1 and further defines the web
covering as being made of a biodegradable material taken from
the group consisting of rayon and cotton. It follows from the
above discussion that the Gerstenberger pad does not meet
these limitations. Similarly, the Gerstenberger pad does not
meet the limitations in independent claim 9 requiring the web
covering to be made from a “biodegradable material taken from
the group consisting of rayon and cotton” and to have
elongated edges joined “by a process other than heat sealing.”
In rejecting claims 2 and 9 under § 103, the examiner has
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