Appeal No. 2000-2185 Page 4
Application No. 08/834,777
Each of independent claims 35 and 48 recites a “package
of disposable absorbent articles comprising a plurality of
said disposable absorbent articles....” Roessler discloses a
disposable diaper comprising a cover 11, a topsheet 21, an
absorbent body 22 between the cover and topsheet, ear portions
17-20 and a hook and loop fastener including tabs 30 extending
beyond the margin of ears 17, 18 with hook tab material 31.
Roessler also discloses “an inactive storage” position in
Figure 6, whereat the hook material lightly attaches to the
nonwoven material of the topsheet 21 (column 6, lines 23-26).
However, we find no teaching in Roessler of a package of a
plurality of such disposable diapers. With regard to this
issue, the examiner asserts neither that Roessler expressly
discloses such packaging of a plurality of disposable diapers
nor that such packaging is inherent in Roessler. Rather, the
examiner’s only comment in this regard is that “packaging of
disposable absorbent articles in multiples unit, prior to use,
have been found to be generally well known knowledge by those
ordinarily skilled in the art [sic]” (answer, page 5). Such2
Under principles of inherency, when a reference is silent about an2
asserted inherent characteristic, it must be clear that the missing
descriptive matter is necessarily present in the thing described in the
(continued...)
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