Appeal No. 2000-2185 Page 10
Application No. 08/834,777
However, we take official notice of the well known and
conventional practice of packaging a plurality of disposable
diapers in a single package at the time of appellants’
invention. In light of this conventional practice, it would3
have been obvious to one skilled in the art at the time of
appellants’ invention to package a plurality of disposable
diapers of the type disclosed by Roessler in the storage
position illustrated in Figure 6 in a single package for
subsequent sale and use by the consumer.
With regard to claim 43, which recites that the stemlike
projections are releasably engaged with the elastic ear tab to
provide a peel strength of at least about 20 grams, we note
that Roessler discloses a peel force (presumably between the
hook material 31 and the loop material swatch 35 facing
outwardly from the face of the cover 11) of about 200-1200
grams per inch and a total peel resistance of at least about
400 grams, but does not specify the peel strength between the
hook material 31 and the ear portion of the topsheet 21 in the
storage position illustrated in Figure 6, other than to
As discussed supra, appellants have not contested the examiner's3
statement on page 5 of the answer that such practice was well known in the
art.
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