Appeal No. 2000-1728 Page 4
Application No. 08/785,128
concerned, we are bound to consider the disclosure of each for what it fairly teaches one
of ordinary skill in the art, including not only the specific teachings, but also the inferences
which one of ordinary skill in the art would reasonably have been expected to draw
therefrom. See In re Boe, 355 F.2d 961, 965, 148 USPQ 507, 510 (CCPA 1966) and In
re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968).
The Rejection Based Upon The Japanese Reference And DesMarais
Independent claim 1 and dependent claims 2-6 and 10 stand rejected as being
unpatentable over the combined teachings of the Japanese reference and DesMarais.
Claim 1 is directed to a disposable compound sanitary napkin comprising an uppermost
primary absorbent member and a lowermost secondary absorbent member. Among other
requirements in the claim is
said primary absorbent member being joined to said secondary absorbent
member by union means extending substantially continuously along the
length of said primary absorbent member.
It is the examiner’s view that this feature is disclosed by the Japanese reference.
The Japanese reference is directed to a compound sanitary napkin comprising an
uppermost primary absorbent member 20 having an absorbent core 21 and a lowermost
secondary absorbent member 1 having an absorbent core 3. Cores 3 and 21 are installed
in a pair of adjacent upper and lower sleeves that have been created by suitable folding of
a single liquid pervious sheet 4. The examiner has taken the position that sleeve 2,
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