Ex Parte Niemeyer et al - Page 3



          Appeal No. 2006-0827                                                        
          Application 10/025,214                                                      
          rejected under 35 U.S.C. § 103(a) as being unpatentable over Everett        
          in view of GB ‘648 and Rosch.                                               
               Appellants have provided separate arguments only for claims 1          
          and 16 on appeal.  Accordingly, all the appealed claims stand or            
          fall together with claims 1 and 16.                                         
               We have thoroughly reviewed each of appellants’ arguments for          
          patentability.  However, we are in complete agreement with the              
          examiner that the claimed subject matter would have been obvious to         
          one of ordinary skill in the art within the meaning of Section 103          
          in view of the applied prior art.  Accordingly, we will sustain the         
          examiner’s rejections for essentially those reasons expressed in the        
          answer, which we incorporate herein, and we add the following for           
          emphasis only.                                                              
               We consider first the rejection over Putzier in view of GB             
          ‘648.  There is no dispute that Putzier, like appellants, discloses         
          an absorbent structure comprising an absorbent core and an absorbent        
          wrap which surrounds the core and overlaps a portion of itself.             
          Appellants also concur that Putzier expressly teaches a binder which        
          stabilizes the wrapper.  It is appellants’ contention, however, that        
          Putzier does not disclose that the binder is mixed throughout the           
          fibrous absorbent material of the wrap.  According to appellants,           
          “the binder [of Putzier] is not described as an integral element of         
          the wrapper, but instead is listed as an independent element” (page         
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