Ex parte WIDLUND et al. - Page 6




          Appeal No. 1999-2678                                                        
          Application 08/704,705                                                      


               For this reason alone, we shall sustain the standing 35                
          U.S.C.  112, second paragraph, rejection of claims 12 and 29               
          and of claims 13 through 23 and 30 which depend therefrom.  We              
          shall not sustain the standing 35 U.S.C.  112, second                      
          paragraph, rejection of claims 24 through 28.                               
               As for the 35 U.S.C.  103(a) rejections, Barrochelo, the              
          examiner’s primary reference, discloses a disposable diaper                 
          constructed to prevent the mixing of feces and urine.  To this              




          end, the diaper includes a contoured top sheet 60 and lateral               
          flaps 100 which together define rear and front pouches 135 and              
          145 for separately receiving the feces and urine, and on                    
          absorbent body 70 disposed beneath the top sheet.                           
               Claims 12, 24 and 28, the three independent claims on                  
          appeal, recite an absorbent article which comprises, inter                  
          alia, an absorbent body/member, a top sheet that lies proximal              
          to a wearer’s body and has a first opening at the front part                
          of the article and a second opening at the rear part of the                 
          article, and a flexible/tubular member connected to the top                 


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