Ex Parte Tuman et al - Page 18



          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                    
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