Ex Parte TRACY - Page 26



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

                               New Ground of Rejection                                

               Pursuant to our authority under 37 CFR § 1.196(b), we enter            
          the following new rejection.                                                

               Claims 14, 17, 19, 20, 22, 27, 29, 30, 32, 37, 39 and 40 are           
          rejected under 35 U.S.C. § 102(b) as being anticipated by                   
          Foreman.                                                                    

               These claims depend for various ones of the independent                
          claims on appeal and additionally call for the claimed member or            
          strip of the respective base claims to be (1) configured to                 
          soften the effect on the skin of the wearer of the plastic edge             
          (claims 14 and 22), (2) absorbent (claims 17, 27 and 37), (3) an            
          absorbent padding positioned to provide an additional barrier               
          against leakage (claims 19, 29 and 39), (4) absorbent and                   
          positioned to provide an additional barrier against leakage                 
          (claims 20, 30 and 40), and (5) a padding member (claim 32).                

               As noted above, Foreman’s barrier cuffs 62, 262 comprise               
          flap portions 74, 274 that are compliant, soft feeling and non-             
          irritating to the wearer’s skin (column 11, lines 31-34), and               
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