Ex parte JOHNSTON et al. - Page 9




          Appeal No. 1999-0124                                                          
          Application No. 08/467,438                                                    


          latex material, which is the material actually used to coat                   
          the topsheet, has an average contact angle of water placed                    
          thereon of only 6.2E, which clearly is outside the claimed                    
          range.  A review of Noda’s other examples  yields similar5                                   
          results, i.e., that the topsheet should be coated with a film                 
          that has a relatively low contact angle that lies outside the                 
          claimed range.  Accordingly, Noda does not make up for the                    
          deficiencies of Thompson with respect to the relationship of                  
          groove angle (") to contact angle (2) set forth in the                        
          appealed claims, such that the claimed subject matter as a                    
          whole would not have been obvious to one of ordinary skill in                 
          the art in view of the teachings of the applied references.                   
               For these reasons, the standing rejection of the appealed                
          claims cannot be sustained.                                                   









               5 See column 4, lines 50-51; column 5, lines 15-19;                      
          column 5, lines 48-52; Tables I and II in column 6; and column                
          6, lines 67-68.                                                               
                                           9                                            





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