Appeal No. 2005-1988 Application No. 09/822,651 VI. The 35 U.S.C. § 103 rejection of claims 40, 42-48, 50-53, 55, 56, and 58-70, as being obvious over Wessels in view of Allen Beginning on page 21 of the brief, appellants argue that Wessels does not teach the aspect of claims 40 and 48 wherein the polymeric regions are fused to a first major side of the web. Appellants also argue that the same argument applies equally to independent claim 56, and its dependent claims 58-70. Brief, pages 21-22. We are not convinced by this argument for the reasons discussed, supra, regarding the anticipation rejection over Wessels. Beginning on page 22 of the brief, appellants argue that claim 56 also recites that the polymer of the at least one discrete polymeric region is entangled with a fibrous surface of the nonwoven web. Appellants argue that the examiner has not identified such a teaching in either Wessels or Allen. In response, beginning on page 11 of the answer, the examiner states that Wessels discloses a mechanical fastener for use in diapers (column 2, line 4), formed from a web construction comprising a substrate sheet (web) of a coarse woven or knit (elastic) structure having pores large enough to pass molten resin material throughout its entire area, and the hook and loop elements existing mixedly on the one surface of the substrate sheet as a plurality of strips, and refers to Fig. 4E and column 3, lines 24-37 of Wessels. On page 12 of the answer, the -18-Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 NextLast modified: November 3, 2007