Appeal No. 2000-2185 Page 6
Application No. 08/834,777
plurality of disposable absorbent articles formed into a pant-
like structure before packaging.
In light of the above, we conclude that Roessler does not
disclose, either expressly or under the principles of
inherency, each and every element of claim 35 or 48.
Therefore, we shall not sustain the examiner’s rejection of
claims 35 and 48, or claims 43 and 50-57 which depend from
claims 35 and 48, as being anticipated by Roessler.
The obviousness rejection
The disposable diaper of Roessler, discussed supra,
comprises a hook and loop fastener including a tab 30 adhered
to the ear portions of topsheet 21 and cover 11. As
illustrated in Figure 6 and explained in column 6, lines 23-
26, the tab 30 may be folded inwardly to an inactive storage
position whereat the hook material 31 on the tab 30 lightly
attaches to the nonwoven material of the topsheet 21.
The examiner concedes that Roessler does not disclose
that the stemlike projections are releasably engaged with the
elastic ear tab to provide a peel strength of from about 30 to
about 90 grams as recited in claim 44, but urges that, in that
appellants have not shown that the recited peel strength is
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