Appeal No. 1998-2818 Application 08/550,521 unpatentable over Uni-Charm. Concerning the rejection of dependent claim 8 as being unpatentable over Uni-Charm or Kao in view of Daio ‘051, Daio ‘052 and Robertson, we have carefully reviewed each of the additionally cited references relied upon in this rejection but find nothing therein that makes up for the deficiencies of Uni-Charm and Kao noted above in our discussion of claim 1. Therefore, we also will not sustain the rejection of claim 8 as being unpatentable over Uni-Charm or Kao in view of Daio ‘051, Daio ‘052 and Robertson. We now turn to the § 103 rejections that rely in part on Buell. These include the rejection of claims 1, 3, 4 and 9-12 as being unpatentable over Uni-Charm or Kao in view of Buell, the rejection of claims 2, 5-7, 13 and 14 as being unpatentable over Uni-Charm in view of Buell, and the rejection of claim 8 as being unpatentable over Uni-Charm or Kao in view of Daio ‘051, Daio ‘052 and Robertson, and further in view of Buell. The examiner alternatively contends that it would have been obvious to separately form the ear or side panel portions of the diapers of Uni-Charm and/or Kao in view of the 12Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 3, 2007