Ex parte BOUDRY et al. - Page 9




          Appeal No. 2000-1978                                       Page 9           
          Application No. 08/898,905                                                  


          35 U.S.C. § 102(b) as being anticipated by Le Bolt is                       
          reversed.                                                                   


          The anticipation rejection based upon Polski                                
               We will not sustain the rejection of claims 19 to 23 and               
          31 under 35 U.S.C. § 102(b) as being anticipated by Polski.                 


               Polski's invention is concerned with a side closure                    
          system for disposable diapers comprised of two separate                     
          fastening systems, one adhesive type fastening system and one               
          nonadhesive fastening system.  Figure 2 shows the disposable                
          diaper as it would appear while being worn.  As shown in                    
          Figures 1 and 2, the disposable diaper 10 is a three-layer                  
          composite including a liquid permeable, user contacting top                 
          sheet 12, a liquid-impervious outer shell or back sheet 14 and              
          an absorbent layer 16.  At the back 18 of the diaper are                    
          corners 20 that overlap with corresponding corners 21 at the                
          front panel 22 of the diaper when the diaper is worn.  On the               
          top sheet side of the diaper at each of the corners 20 is                   
          located a release treated, non-woven release tab 24 and on the              
          outer shell or backsheet 14 at the front corners 21 of the                  







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