Ex Parte Tyrrell et al - Page 6



          Appeal No. 2005-1186                                        Page 6          
          Application No. 09/746,872                                                  

               With regard to the reference of Breece, the examiner relied            
          upon Breece for teaching that components such as sterol and a               
          decoupling polymer such as a polysaccharide, are well known in the          
          art as additives for compositions that are applied to substrate             
          products such as diapers, tissue type products, disposable                  
          garments, etc.  Answer, pages 4, 6, and 7.                                  
               In view of the above, therefore, and absent evidence of                
          unexpectedly superior results, we agree with the examiner’s prima           
          facie case of obviousness.                                                  
               We therefore affirm the examiner’s rejection of claims 1 and           
          21 (along with claims 2-7, 10-20, 22-34, 37-57).                            
          II CONCLUSION                                                               
               The 35 U.S.C. §103 rejection of claims 1-7, 10-34, 37-41, 43,          
          45-47, and 49-57 is affirmed.                                               



















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