Appeal No. 2005-2330
Application No. 10/026,123
prior to cutting the web. Moreover, Schmitz specifically teaches
(column 2, lines 41-49) that
in case the undergarment is formed by a disposable
absorbent article, the overlapping side seams have a
high shear strength but can easily be manually detached
for disposal of the absorbent article. The overlapping
seams may alternatively be connected by mechanical
fasteners, such as VelcroŽ hook-type and loop-typ
materials or by means of adhesive tapes. Such re-
fastenable seems can be undone by the user without
ripping the article and can be reclosed for further
use. (Emphasis added.)
Thus, we concur with the examiner that one of ordinary skill in
the art interested in forming a disposable absorbent article
would have been led to provide re-fastenable surfaces or
mechanical fasteners on the sealing areas of the web taught by
Schmitz prior to its cutting, motivated by a desire to avoid
“ripping the article” and to re-close the article for “further
use.” From our perspective, one of ordinary skill in the art
would have had a reasonable expectation of successfully fastening
the web by providing mechanical fasteners or re-fastenable
surfaces to the sealing areas of the web taught by Schmitz prior
to cutting the web. This is especially true in this case since
the sealing areas of the web taught by Schmitz can be joined or
fastened so long as the fasteners are provided to the sealing
areas of the web at any time (including before the cutting) prior
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