Ex Parte ZACHARIAS et al - Page 18




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


         claims 1, 2, 4-6 and 8-12 are not entitled to the filing date of           
         the earlier filed ‘858 application.  Hence, Zacharias PCT ‘238 is          
         available as prior art under 35 U.S.C. § 102(b) against these              
         claims.                                                                    
              Zacharias PCT ‘238 discloses a sanitary napkin article                
         provided with a hot melt, pressure sensitive adhesive on the               
         body-facing surface for securement of the article to the wearer            
         (page 4, lines 6-11).  The adhesive has a rheological property             
         that allows for secure adherence to the wearer’s skin, yet                 
         releases cleanly with minimum discomfort.  Zacharias PCT ‘238              
         does not expressly set forth that the adhesive thereof meets the           
         claim limitations of paragraph (c) of claim 1, or of claim 2.              
              Paul pertains to hot melt, pressure sensitive adhesives               
         “which adhere well to the human skin and hair, and are therefore           
         useful for a variety of medical and other products” (column 1,             
         lines 8-10).  The adhesives of Paul are characterized by the               
         properties called for in appealed claim 1 (paragraph (c)) and              
         appealed claim 2.  See, for example, column 1, line 54, through            
         column 2, line 6, of Paul.  As explained by Paul in the                    






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