Appeal No. 2005-0580
Application No. 09/732,871
DISCUSSION
I. The 35 U.S.C. § 102(b) and 35 U.S.C. § 103(a) rejections of
claims 1 through 3 based on Gravdahl
Gravdahl discloses an absorbent fibrous core for use in
sanitary napkins, diapers, compresses, etc. In contrast to the
conventional layered core shown in Figure 1, Gravdahl’s core 10
(see Figure 2) has a substantially uniform thickness and a mass
density which varies from relatively high at its center to
relatively low at its lateral and longitudinal edges. Gravdahl
teaches that this core “is suitably made by having the core
material, for instance defibrated [cellulose] continuously
produced in the shape of a web in per se known machinery” (column
2, lines 7 through 10).
The examiner considers appealed claims 1 through 3 to be
product-by-process claims, and that the absorbent structure
defined thereby is either identical with or slightly different
than (i.e., obvious over) the continuously formed core 10
disclosed by Gravdahl. In this regard, the examiner submits that
the superposed strip construction set forth in independent claim
1 and the folded layer construction recited in independent claim
2 effectively cease to exist when compressed to a thickness which
is substantially the same over the structure as recited in these
claims. To support this position, the examiner points to Figure
4
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