Appeal No. 2002-0502
Application 08/853,425
Heiman uses a flexible stiffener sheet (40) to prevent or
minimize bunching (col. 19, lines 1-3 and 12-20). The examiner
has not established that Heiman and Osborn themselves would have
motivated one of ordinary skill in the art to use Osborn’s
adhesive instead of Heiman’s stiffener sheet. Also, Heiman’s
absorbent barrier sheet is for a washable, reusable incontinent
pad (col. 14, lines 63-66), whereas Osborn’s absorbent article is
not intended to be laundered but, rather, is to be discarded
after a single use (col. 3, lines 42-45). The examiner has not
established that one of ordinary skill in the art would have had
a reasonable expectation that Osborn’s adhesive would be suitable
in laundered article.
Moreover, the purpose of Heiman’s binding strip referred to
by the examiner (answer, page 3) is not only to hold layers 22
and 25 of an incontinent pad together, but to define the rounded
corners of the pad (col. 10, lines 26-46). The examiner has not
established that the applied references would have motivated one
of ordinary skill in the art to substitute adhesive for Heiman’s
binding tape and thereby forgo Heiman’s desired rounded corners.
Heiman’s layers 22 and 25 also can be held together by overcast
stitching or the like (col. 10, lines 47-48). The examiner,
however, has not established that Osborn’s teaching regarding
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