Ex parte TOYODA - Page 12




          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                       
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