Ex parte BOUDRY et al. - Page 4




          Appeal No. 2000-1978                                       Page 4           
          Application No. 08/898,905                                                  


          examiner.  As a consequence of our review, we make the                      
          determinations which follow.                                                


          The anticipation rejections based upon Takemoto                             
               We will not sustain the rejection of claims 1 to 9, 11,                
          12 and 17 to 30 under 35 U.S.C. § 102(b) as being anticipated               
          by Takemoto.                                                                


               To support a rejection of a claim under 35 U.S.C. §                    
          102(b), it must be shown that each element of the claim is                  
          found, either expressly described or under principles of                    
          inherency, in a single prior art reference.  See Kalman v.                  
          Kimberly-Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789                  
          (Fed. Cir. 1983), cert. denied, 465 U.S. 1026 (1984).                       


               Claims 1 to 9, 11, 12 and 17 to 30 are drawn to an                     
          absorbent article or diaper comprising, inter alia, an outer                
          cover; a bodyside liner; an absorbent core located between the              
          outer cover and the bodyside liner; and an adhesive located on              
          a bodyfacing surface of the absorbent article or diaper                     
          wherein the adhesive is configured to contact a wearer's body               







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