Appeal No. 2001-1334
Application No. 09/251,656
This analysis is flawed with respect to recitation of the
“strip of an adhesive.” As indicated above, the claim
requires the strip of an adhesive to be “within the pocket on
the interior surface of the exterior layer immediately beneath
and parallel with the slit.” To the extent that Schaar
discloses respective strips of adhesive in zones 50, a person
of ordinary skill in the art would not view either strip as
being within the pocket/pouch 18 or on the interior surface of
exterior layer 16 immediately beneath and parallel with the
slit 30. The examiner’s explanation to the contrary (see
pages 5 and 6 in the answer) rests on an unreasonable
interpretation of the Schaar disclosure stemming from an ill-
advised attempt to read all of the limitations in the claim on
the Schaar diaper.
Since Schaar does not disclose each and every element of
the diaper recited in claim 1, we shall not sustain the
standing 35 U.S.C. § 102(b) rejection of this claim.
SUMMARY
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