Appeal No. 2002-0913
Application No. 09/107,643
non-abrasive material presenting a cushioned surface to the
wearer, as broadly claimed in claims 8, 13, 23 and 33. In
addition, the flap portion 274 adjacent the proximal edge 264 of
Foreman’s second barrier cuff 262, which is described as being
compliant, soft feeling and non-irritating to the wearer’s skin
and which may be made from foam or elastic foam, constitutes a
soft padding member of non-abrasive material that presents a soft
cushioned surface to the wearer, as now claimed. Accordingly, it
is our view that both the tunnel at the distal edge of Foreman’s
second barrier cuff and the flap portion of Foreman’s second
barrier cuff respond to the soft padded member and non-abrasive
cushion member limitations of claims 7, 8, 12, 13 and 23. For
similar reasons, the flap portion 74 adjacent the proximal edge
64 of Foreman’s first barrier cuff responds to the leg hole strip
being a cushion limitation of claim 32.
Rejection (3)
We sustain the rejection of claims 7, 12 and 32 as being
unpatentable over Foreman in view of Lindquist.
Claim 7 is directed to a disposable diaper comprising, among
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