Appeal No. 2002-0502
Application 08/853,425
using adhesive to hold layers together in a single-use,
disposable article would have provided one of ordinary skill in
the art with a reasonable expectation of success in using the
adhesive to hold together layers of a washable, reusable article.
For the above reasons we conclude that the examiner has not
carried the burden of establishing a prima facie case of
obviousness of the appellant’s claimed invention over the
combined teachings of Heiman and Osborn.
Rejection over Heiman in view of Korpman
Korpman discloses a corrugated disposable diaper having
elastic strings between a fibrous batt and a liquid-impermeable
film, wherein the film has been applied in molten form by
extrusion (col. 2, lines 35-64; col. 3, lines 43-44; col. 4,
lines 16-18).
The examiner argues that it would have been obvious to one
of ordinary skill in the art to apply Heiman’s liquid-impervious
layer (22) by Korpman’s extrusion method to reduce cost by
eliminating Heiman’s expensive binding and/or stitching step for
holding liquid-impervious layer 22 and liquid-absorbing layer 25
together (col. 10, lines 21-48). As discussed above regarding
the rejection over Heiman in view of Osborn, however, the
examiner has not established that the applied references would
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