Appeal No. 2003-1958
Application No. 09/141,859
layer is shrunk. See the specification, page 5, lines 7-18. The claimed “latent shrinkability”
properties for the claimed nonelastic liquid resistant layer and prebonded fibrous layer are also
formed by applying different stretching or orienting conditions to stretch or orient the layers
involved. See the specification, pages 6-8. Claim 18, which is representative of the appealed
subject matter, is reproduced below:
18. A thermally stable, three dimensionally texturized liquid resistant laminate comprising a
prebonded fibrous layer and a nonelastic liquid resistant layer having a higher latent shrinkability
than said fibrous layer, said laminate having a three-dimensional texture and having been joined at a
multitude of spaced-apart bond sites and heat annealed, wherein said fibrous layer forms gathers
between spaced-apart bond sites.
As evidence of obviousness, the examiner relies on the
following prior art references:
Van Gompel et al. (Gompel) 4,725,473 Feb. 16, 1988
Todt 5,623,812 Apr. 29, 1997
(Filed Oct. 14, 1994)
Claims 18 through 32 stand rejected under 35 U.S.C. § 103 as unpatentable over the
combined disclosures of Gompel and Todt.
We reverse.
We determine that the examiner has not convincingly explained that one of ordinary skill in
the art interested in improving the “baby diapers, training pants, feminine care products, incontinent
garments and the like” disclosed by Gompel would look to a shrink wrap material for wrapping
large articles, such as the one taught by Todt. Even if these disparate teachings of Gompel and Todt
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