Appeal No. 2004-2012 Page 3
Application No. 09/183,087
In reaching our decision in this appeal, we have given careful consideration to
the appellants’ specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellants and the examiner. As a consequence
of our review, we make the determinations which follow.
The appellants’ invention is directed to a disposable diaper for absorbing and
containing excretion. In furtherance of this objective, the diaper comprises inner and
outer pairs of side barrier cuffs extending along the transversely opposite side edges of
a top sheet and a pair of end barrier flaps extending along its longitudinal opposite
ends. The outer ones of the side barrier cuffs extend to the longitudinally opposite ends
of the diaper and form inwardly opening pockets, while the inner ones of the side barrier
cuffs extend parallel to the outer side barrier cuffs to locations spaced inwardly of the
longitudinally opposite ends of the diaper and also form inwardly opening pockets. The
end barrier flaps cover the opposite ends of the outer side barrier flaps.
Independent claim 1 and dependent claims 2-7 stand rejected under 35 U.S.C. §
103(a) as being obvious in view of the teachings of Uni-Charm taken in view of those of
Lawson, Daio and Robertson. In arriving at this conclusion, the examiner finds all of the
subject matter recited in claim 1 to be disclosed or taught by Uni-Charm, except for the
ends of the second (inner) side barrier cuffs extending to locations spaced inwardly of
the opposite ends of the diaper and the end barrier flaps. However, the examiner has
taken the position that it would have been obvious to one of ordinary skill in the art to
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