Appeal No. 2000-1978 Page 13
Application No. 08/898,905
at the claimed invention. See In re Fine, 837 F.2d 1071,
1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988).
As set forth above, all the limitations of independent
claims 1, 17 and 19 are not disclosed in Takemoto since
Takemoto's adhesive patches 24 are 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. In the rejections under 35 U.S.C. § 103, the examiner
has not cited any evidence that would have led a person having
ordinary skill in the art to modify Takemoto's diaper to
arrive at the claimed invention. Accordingly, the decision of
the examiner to reject claims 1 to 18, 24 to 28 and 30 under
35 U.S.C. § 103 as being unpatentable over Takemoto is
reversed.
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