Appeal No. 1999-0369
Application No. 08/575,926
the spacer 30 and spacer liner 38 of Roe. First, it is simply
not reasonable to consider the spacer 30 as corresponding to
the claimed “rear waist flap” as the examiner has done here.
Further, the spacer 30 of Roe does not occupy space in a
reservoir defined by a rear portion of the absorbent article
and a rear waist flap extending from the vicinity of the rear
edge of the absorbent article, as required by claims 1 and 19;
nor is spacer 30 of Roe disposed so as to space a rear waist
flap extending from the vicinity of the rear edge of the
absorbent article from the absorbent article’s rear portion,
as required by claim 34.
Therefore, we shall not sustain the standing 35 U.S.C.
§ 102(e) rejection of independent claims 1, 19 and 34, or
claims 5, 6, 16, 32, 35, 36, 46 and 48-51 that depend
therefrom, as being anticipated by Roe.
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