Ex Parte ZACHARIAS et al - Page 15




         Appeal No. 2002-0741                                                       
         Application No. 08/935,348                                                 


         examiner’s part because it fails to take into account that most            
         of these limitations are found in Zacharias PCT ‘238, which we             
         have found to be available as prior art against claim 20 under             
         35 U.S.C. § 102(b).  Accordingly, as argued, the rejection of              
         claim 20 under 35 U.S.C. § 103(a) will be sustained.                       
         Rejection (d): the rejection of claims 1, 4-6 and 8-12 under 35            
         U.S.C. § 102(b)                                                            
              Claims 1, 4-6 and 8-12, stand rejected under 35 U.S.C.                
         § 102(b) as being anticipated by Zacharias PCT ‘238.                       
              Independent claim 1 is directed to a sanitary napkin                  
         comprising an absorbent core, and a hot melt, pressure sensitive           
         adhesive secured to the body-side surface of the core.  As set             
         forth in paragraph (b) of claim 1, the adhesive comprises                  
              at least one block copolymer and a liquid diluent, the                
              adhesive being characterized by a midblock Tg of less                 
              than -10° C., a G’ (storage modulus) less than 15x104                 
              dynes/cm2 at 10 rad/s. (25° C.), a G” (loss modulus) of               
              1 to 6x104 dynes/cm2, a tensile strength greater than                 
              10 psi, and which adhesive requires no subsequent                     
              curing operation after cooling.                                       
              Appellants have not pointed out, and it is not apparent to            
         us, where there is descriptive support in application 08/659,858,          
         now U.S. Patent 6,213,993 B1, for this subject matter.  Finding            
         no such descriptive support, we conclude, as did the examiner,             
         that claim 1, as well as claims 4-6 and 8-12 that depend                   
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