Ex Parte Olson et al - Page 6



          Appeal No. 2005-2330                                                         
          Application No. 10/026,123                                                   

              As acknowledged by the appellants’(Brief, page 12), Schmitz              
         teaches (column 1, line 43 to column 2, line 1) that:                         
              The method according to the invention comprises                          
              the steps of:                                                            
              transporting the web in a substantially flattened                        
              position on a transport means along a transport                          
              trajectory;                                                              
              cutting the web along a second transverse edge to                        
              form a two-dimensional pre-form, the pre-form                            
              comprising the first and the second transverse edge of                   
              the web and two longitudinal edges, each longitudinal                    
              edge having two waist sections and a crotch section                      
              located intermediate the waist sections, a sealing area                  
              being located adjacent and inboard of each waist                         
              section;                                                                 
         gripping the pre-form adjacent each waist section                             
              with gripping means in four gripping areas, the                          
              gripping areas being located near each sealing area;                     
              jointly rotating at least the gripping means which                       
              hold the gripping areas in the region of the first                       
              transverse edge around a first axis of rotation                          
              extending substantially parallel to the transverse                       
              edges of the pre-form to place the first transverse                      
              edge generally parallel and opposite to the second                       
              transverse edge;                                                         
              superimposing the sealing areas which are located                        
              along the same longitudinal side in a contacting                         
              relationship;                                                            
              joining the superimposed sealing areas in a                              
              sealing means, thus forming the absorbent article, and                   
              releasing the absorbent article from the gripping                        
              means.                                                                   
         With respect to claim 1, the question here is whether one of                  
         ordinary skill in the art would have been led to “preconditioning             
         the web to include at least four refastening surfaces” on the                 


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