Ex Parte Kinard et al - Page 3




                Appeal No. 2005-1969                                                                                    3                 
                Application No. 09/933,291                                                                                                


                        wherein the upper and lower webs each extend outward of the absorbent                                             
                        layer, the upper and lower webs being attached to one another around an                                           
                        entire outer perimeter portion of the pad, with the upper and lower webs                                          
                        together surrounding and containing the absorbent layer, and the                                                  
                        case-ready package further comprising modified atmosphere or vacuum                                               
                        between the support member and the lid member.                                                                    

                        The Examiner rejects the claims under 35 U.S.C. § 103(a).  As evidence of                                         
                unpatentability, the Examiner relies upon the following prior art references:                                             
                Miller et al. (Miller)                  US 4,321,997                     Mar. 30, 1982                                    
                LeKhac                                  US 4,743,244                     May 10, 1988                                     
                Bair                                    US 5,135,787                     Aug.  4, 1992                                    
                Sanfilippo et al. (Sanfilippo)          US 6,221,411 B1                  Apr. 24, 2001                                    
                Wiles                                   GB 2,296,905 A                   Jul. 17, 1996                                    
                Darnett                                 WO 97/30909                      Aug. 28, 1997                                    


                        The specific rejections maintained are:                                                                           
                1.      Claims 1, 6-10, 14-18, 21, and 22 rejected under 35 U.S.C. § 103(a) as                                            
                        unpatentable over Sanfilippo in view of Darnett;                                                                  
                2.      Claim 5 rejected under 35 U.S.C. § 103(a) as unpatentable over Sanfilippo in                                      
                        view of Darnett and further in view of Wiles;                                                                     
                3.      Claim 13 rejected under 35 U.S.C. § 103(a) as unpatentable over Sanfilippo in                                     
                        view of Darnett and further in view of Miller;                                                                    
                4.      Claims 19 and 20 rejected under 35 U.S.C. § 103(a) as unpatentable over                                           
                        Sanfilippo in view of Darnett and further in view of Bair and LeKhac; and                                         








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