Ex Parte TRACY - Page 27



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

          that may be made from foam or elastic foam (column 11, lines 1-             
          4).  Further, the barrier cuffs may include absorbent means such            
          as a layer of airfelt secured along the inner surface of the                
          barrier cuff to absorb and retain fluids (column 13, lines 24-              
          35).  Barrier cuffs made in accordance with these directives                
          (i.e., having flap portions of foam or elastic foam and including           
          a layer of absorbent airfelt material on the inner surface of the           
          cuff to absorb and retain fluids) constitute soft, absorbent                
          “padding members” as broadly claimed that are configured to                 
          soften the effect on the skin of the plastic backsheet 42.                  
          Hence, the second barrier cuffs 262 of Foreman positioned at the            
          waistband portions of the diaper respond to the claimed strip or            
          member located at the waistband of claims 14, 17, 19, 20, 22, 27,           
          29 and 30, and the first barrier cuffs 62 of Foreman positioned             
          at the sides of the crotch of the diaper respond to the claimed             
          strip located at the leg holes of claims 32, 37, 39 and 40.                 

                                       Summary                                        

               The rejection of claims 11 and 12 under 35 U.S.C. § 101 is             
          reversed.                                                                   

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