Appeal No. 1999-2630
Application 08/341,464
the record contains no such evidence. The record also lacks
any substantiation for the appellants’ assertion that the
claimed invention significantly improved diaper fastener tabs.
In light of the foregoing, the totality of evidence before
us supports the examiner’s conclusion that the differences
between the subject matter recited in claim 6 and the prior art
are such that the subject matter as whole would have been
obvious at the time the invention was made to a person having
ordinary skill in the art. Accordingly, we shall sustain the
standing 35 U.S.C. § 103(a) rejection of claim 6 as being
unpatentable over Panza in view of Imsande and Cherrin.
We also shall sustain the standing 35 U.S.C. § 103(a)
rejection of dependent claim 9 as being unpatentable over Panza
in view of Imsande and Cherrin since the appellants have not
challenged such with any reasonable specificity, thereby
allowing claim 9 to stand or fall with parent claim 6 (see In
re Nielson, 816 F.2d 1567, 1572, 2 USPQ2d 1525, 1528 (Fed. Cir.
1987)).
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