Ex Parte SUZUKI et al - Page 2




              Appeal No. 2004-2012                                                                  Page 2                
              Application No. 09/183,087                                                                                  


                                                    BACKGROUND                                                            
                     The appellants’ invention relates to a diaper.  An understanding of the invention                    
              can be derived from a reading of exemplary claim 1, which appears in the appendix to                        
              the Brief.                                                                                                  
                     The prior art references of record relied upon by the examiner in rejecting the                      
              appealed claims are:                                                                                        
              Lawson                              4,695,278                           Sep. 22, 1987                       
              Robertson                           5,026,364                           Jun.  25, 1991                      
              Japanese Kokai1                     02174845                            Jul.     6, 1990                    
              (Daio)                                                                                                      
              UK Patent Application               2 251 172 A                         Jul.     1, 1992                    
              (Uni-Charm)                                                                                                 
                     Claims 1-7 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over                        
              Uni-Charm in view of Lawson, Daio and Robertson.                                                            
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              the appellants regarding the above-noted rejection, we make reference to the Answer                         
              (Paper No. 42) for the examiner's reasoning in support of the rejection, and to the Brief                   
              (Paper No. 41) and Reply Brief (Paper No. 43) for the appellants’ arguments                                 
              thereagainst.                                                                                               
                                                       OPINION                                                            

                     1Our understanding of this foreign language document was obtained from a PTO translation, a          
              copy of which is enclosed.                                                                                  







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