Appeal No. 2005-2330
Application No. 10/026,123
sealing areas referred in Schmitz. On this record, we answer
this question in the affirmative.
According to page 4 of the specification:
“Preconditioning” of the web includes the incorporation
or application of the refastening surfaces into or onto
the web. The web material themselves can be
conditioned to form a refastening surface; for example,
portion of the liner or outer cover can be configured
to provide refastening surfaces. Typically, disposable
absorbent garments are made from various nonwoven
materials. Nonwoven materials can be selected to be
engageable with hook material and other mechanical
fasteners and therefore, to be refastening surfaces.
Additionally, separate refastening materials can be
applied onto the web; for example, hook material and
other mechanical fastening materials can be adhered or
bonded to the web. The web can be preconditioned to
include more than one type of refastening surface.
(Emphasis added.)
Although Schmitz does not use the term “preconditioning” recited
in the claims on appeal, it does teach that overlapping searing
areas can be sealed with “ultrasonic bonding, pressure bonding,
heat sealing adhesive attachment, or mechanical attachment.” See
column 2, lines 34-49, column 5, lines 50-60 and column 6, lines
4-6. The fact that sealing areas can be bonded, for example, by
applying pressure indicates that the sealing areas of the web are
pretreated to provide sealable materials (sealing adhesives, heat
sealable thermoplastic material, etc...) on the sealing areas
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