Ex Parte Niemeyer et al - Page 4



          Appeal No. 2006-0827                                                        
          Application 10/025,214                                                      
          4, principal brief, first paragraph).  Appellants also submit that          
          the wrapper of Putzier has all the binder material concentrated             
          along its seam.                                                             
               We are not persuaded by appellants’ argument.  Rather, we agree        
          with the examiner that Putzier’s disclosure of “a binder stabilizing        
          the wrapper” (column 2, line 48) provides a teaching, or at least a         
          suggestion, to one of ordinary skill in the art that the binder is          
          mixed throughout the wrapper.  Also, the examiner accurately points         
          out that “there is nothing in the entire disclosure of Putzier to           
          support the contention that the binder is only applied at the seam          
          ... Putzier repeatedly states that the binder stabilizes the                
          wrapper, not the seam where the wrapper is overlapped on itself”            
          (paragraph bridging pages 6 and 7 of answer).  Moreover, we find            
          that it has been conventional in the art to stabilize a fibrous             
          structure by incorporating a binder throughout, as evidenced by             
          GB ‘648.                                                                    
               Appellants also maintain that Putzier does not teach or suggest        
          that the absorbent wrap provides at least 20% of the total absorbent        
          capacity of the structure, as presently claimed.  Appellants contend        
          that “the wrapper disclosed in Putzier constitutes, at most, 8% wt.         
          Of the absorbent structure” (page 5 of principal brief, penultimate         
          paragraph).  However, the portion of Putzier cited by appellants            
          specifically states that “[e]specially preferred are non-woven              
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