Ex parte HEINDEL et al. - Page 9




          Appeal No. 2000-2185                                        Page 9           
          Application No. 08/834,777                                                   


                               NEW GROUND OF REJECTION                                 
               Pursuant to our authority under 37 CFR § 1.196(b), we                   
          enter the following new ground of rejection.                                 
               Claims 35 and 43 are rejected under 35 U.S.C. § 103(a) as               
          being unpatentable over Roessler in view of the conventional                 
          practice of packaging a plurality of disposable diapers in a                 
          single package.                                                              
               Roessler, as discussed supra, discloses a disposable                    
          diaper comprising an outer cover 11, a bodyside liner                        
          (topsheet 21), an absorbent core (absorbent body 22) disposed                
          between the cover and liner, a pair of elastic ear tabs (ear                 
          portions 17, 18 of the elastic topsheet 21 and stretchable                   
          cover 11) and at least one mechanical fastener.  The                         
          mechanical fastener comprises a hook-and-loop type fastener                  
          including a hook material (stemlike projections) 31 extending                
          from a base sheet (tab 30) attached to one of the ear tabs by                
          adhesive part 30a and separate tape piece 32.  The hook                      
          material 31 is releasably engaged (“lightly attaches”) with                  
          the elastic ear tab 17 or 18 in a storage position to protect                
          the hook material.                                                           
               Roessler does not expressly disclose packaging of a                     
          plurality of the disclosed disposable diapers in a package.                  





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