Ex Parte Niemeyer et al - Page 2



          Appeal No. 2006-0827                                                        
          Application 10/025,214                                                      
               an absorbent wrap including at least 5% binder material mixed          
          throughout a fibrous absorbent such that the absorbent fibers are           
          stabilized by the binder material, the absorbent wrap fully                 
          surrounding the absorbent core and overlapping at least a portion           
          of the absorbent wrap, the absorbent wrap providing at least 20%            
          of a total absorbent capacity of the absorbent structure.                   
               The examiner relies upon the following references as evidence          
          of obviousness:                                                             
          Putzier                       5,262,218      Nov. 16, 1993                  
          Rosch1                        6,009,558      Jan.  4, 2000                  
          Celanese (GB ‘648)            1,231,648      May  12, 1971                  
          Everett et al. (Everett)      WO 99/17695    Apr. 15, 1999                  
               Appellants’ claimed invention is directed to an absorbent              
          structure comprising an absorbent core and an absorbent wrap which          
          fully surrounds the core and overlaps at least a portion of the             
          wrap.  The wrap includes at least 5% binder material and provides           
          at least 20% of the total absorbent capacity of the structure.              
               Appealed claims 1, 3-6, 8, 10, 11, 16, 19-21, 23-25, 27, 29            
          and 30 stand rejected under 35 U.S.C. § 103(a) as being unpatentable        
          over Putzier in view of GB ‘648.  Claims 1-6, 8-14, 16-25 and 27-33         
          stand rejected under 35 U.S.C. § 103(a) as being unpatentable over          
          Everett in view of GB ‘648.  Also, claims 15, 43 and 35-48 stand            



               Rosch is not listed in the Examiner’s Answer under the1                                                                     
          heading “Evidence Relied Upon,” but appears in the statement of             
          a rejection, as recognized by appellants.                                   
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