Appeal No. 2002-0913
Application No. 09/107,643
Appellant’s invention pertains to a disposable diaper, and
in particular to a disposable diaper having a padded waistband
and legholes. A further understanding of the invention can be
derived from a reading of exemplary claims 7 and 8 which appear
in the appendix to appellant’s corrected main brief.
The references relied upon by the examiner in the final
rejection are:
McConnell et al (McConnell) 3,461,872 Aug. 19, 1969
Lindquist et al (Lindquist) 3,572,342 Mar. 23, 1971
Foreman 4,816,025 Mar. 28, 1989
(effective filing date Oct. 10, 1986)
The following rejections are before us for review:
(1) claims 11 and 12, rejected under 35 U.S.C. § 101
“because there exists a positive recitation of a human and/or
human anatomy as part of the claimed invention” (answer, page 8);
(2) claims 7, 8, 11-13, 15, 16, 18, 21, 23-26, 28, 31, 33-36
and 38, rejected under 35 U.S.C. § 102(b) as being anticipated by
Foreman;
2
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