Appeal No. 2000 0921
Application No. 08/366,090
disclosure of Roessler, we will not sustain the examiner’s
rejection.
The Roessler reference cited by the examiner against the
appealed claims discloses, in pertinent part, a mechanical fastener
tab 30 of the hook-and-loop type that is suitable for use on a
disposable absorbent product. Beginning at column 6, line 29, and
continuing to column 9, line 2, Roessler goes into considerable
detail concerning the nature of the hook material and the loop
material components of the mechanical fastener; however, it is not
disputed that Roessler makes no mention whatsoever of the Gurley
stiffness value of any of these fastener tab components.
Nevertheless, the examiner takes the position that “[[t]he Roessler
article comprises similar materials as recited in applicants’
invention, therefore the Gurley stiffness value is considered to be
the same [as that recited in the claims]” (final rejection, page
2). We surmise from this that the examiner considers the teachings
of Roessler at, for example, column 6, line 29, through column 7,
line 13, to be of such kind that a fastener tab having the claimed
Gurley stiffness value would necessarily flow from making a
fastener tab in accordance with these teachings.
In our view, the examiner has provided no basis in fact and/or
technical reasoning which reasonably supports the above stated
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