Appeal No. 2001-2629 Page 7
Application No. 08/931,080
is structured like a regular disposable diaper portion (17),” comprising a top sheet 12, a
backsheet 11, and an absorbent core 14 and core patch 15 (page 6, lines 1-5). As
shown in Figure 3, the front segment of the diaper is removably attached to the inner
surface of the front portion of the waistband (page 7). However, the absorbent core is
non-releasably secured to the crotch portion of the diaper, that is, it is not removable
therefrom. In our opinion, one of ordinary skill in the art would have recognized that
Schmitz discloses a conventional disposable diaper to which an elastic front waistband
portion has been added to create, together with the rear top portion of the diaper, an
endless circular waistband, the purpose being to provide some advantages over
conventional side-opening disposable diaper constructions.
With regard to the structure recited in the appellants’ claim 11, Schmitz fails to
disclose a garment comprising reusable briefs and a removable absorbent liner, in
which the front panel of the briefs can released from the waistband so the liner can be
inspected and removed and replaced, if necessary, without removing the waistband of
the briefs from the user. As the appellants have pointed out, the only way a soiled
absorbent liner can be removed from the wearer in the Schmitz system is to replace the
entire garment.
Recognizing the deficiencies of Schmitz, the examiner looks to Cooper, Reindl
and Pigneul, each of which discloses a garment having a reusable outer portion and a
replaceable absorbent pad. In all three of these secondary references, the front and
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