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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