Appeal No. 2000-1978 Page 11
Application No. 08/898,905
bodyfacing surface of the diaper directly to the wearer's body
is a structural limitation in that it requires placement of
the adhesive in a location on the bodyfacing surface of the
diaper such that it contacts the wearer's body when the diaper
is in use (i.e., on the wearer). Clearly, when Polski's
diaper is in use, no adhesive contacts the wearer's body.
Accordingly, Polski's adhesive is not configured to contact
the wearer's body in use to at least temporarily secure the
bodyfacing surface of the diaper directly to the wearer's
body.
For the reasons set forth above all the limitations of
claims 19 to 23 and 31 are not disclosed in Polski,
consequently, the decision of the examiner to reject claims 19
to 23 and 31 under 35 U.S.C. § 102(b) as being anticipated by
Polski is reversed.
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