Ex Parte TRACY - Page 12



          Appeal No. 2002-0913                                                        
          Application No. 09/107,643                                                  

          limitation of claims 12 and 32 that the strip is a “padding                 
          member,” the limitation of claims 13, 23 and 33 that the strip or           
          member is a “cushion,” the limitation of claims 14, 22 and 34               
          that the strip or member “is configured to soften the effect on             
          the skin of the wearer of the plastic edge,” the limitation of              
          claims 15, 26 and 35 that the strip or member provides “an                  
          additional barrier against leakage,” the limitation of claims 17,           
          27 and 37 that the strip or member “is absorbent,” the limitation           
          of claims 19, 29 and 39 that the strip or member “is an absorbent           
          padding member positioned to provide an additional barrier                  
          against leakage,” and the limitation of claims 20, 30 and 40 that           
          the strip or member “is absorbent . . . to provide an additional            
          barrier against leakage.”  For example, and with respect to                 
          claims 15, 19, 20, 26, 30, 35, 39 and 40, it does not necessarily           
          follow from the mere presence of a strip or member at an edge of            
          a diaper that the strip provides a barrier against leakage, as              
          appellant appears to argue, since the ability of a material to              
          act as a barrier against leakage depends, among other things,               
          upon the composition of that material, which the ‘681 design                
          application does not address.                                               


                                          12                                          




Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next 

Last modified: November 3, 2007