Ex Parte GRAY et al - Page 10




                  Appeal No. 2001-2629                                                                                      Page 10                       
                  Application No. 08/931,080                                                                                                              


                  However, Gagnon does not cure the problem with the basic combination of references,                                                     
                  and this rejection is not sustained.                                                                                                    
                           Claim 3, which depends from claim 1, stands rejected as being unpatentable                                                     
                  over the references applied against claim 1, taken further with Stevens and Enloe.                                                      
                  Claim 3 adds protective wings bonded to the crotch portion of the disposable liner, and                                                 
                  the additional references are cited for teaching such a feature.  Be that as it may,                                                    
                  neither Stevens nor Enloe alleviate the deficiency pointed out above in the basic                                                       
                  combination of Schmitz, Cooper, Reindl and Pigneul, and therefore the rejection of                                                      
                  claim 3 will not be sustained.                                                                                                          
                                                                  CONCLUSION                                                                              
                           The rejection of claims 12, 16 and 18 under 35 U.S.C. § 112, second paragraph,                                                 
                  is sustained.                                                                                                                           
                           None of the other rejections are sustained.                                                                                    
                           The decision of the examiner is affirmed-in-part.                                                                              
                           No time period for taking any subsequent action in connection with this appeal                                                 
                  may be extended under 37 CFR § 1.136(a).                                                                                                


                                                              AFFIRMED-IN-PART                                                                            


                                             NEAL E. ABRAMS                                        )                                                      
                                             Administrative Patent Judge                           )                                                      







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