Ex Parte Ohnishi et al - Page 7




                 Appeal No. 2006-0885                                                                             
                 Application No. 10/168,883                                                                       

                 identified by the Examiner.  Further, Appellants have not asserted that                          
                 the properties not disclosed by Levy were due to the wrapping of the                             
                 absorbent core with tissue material.   As such, the Appellants have not                          
                 adequately rebutted the Examiner’s rejection.                                                    
                        We will now address the remaining claims.                                                 
                        Appellants’ arguments regarding the properties of claims 8, 14, 15                        
                 and 16 have been considered.  These claims all further define the                                
                 garment of claim 1.  The claims specify the properties: web modulus,                             
                 bending force, whiteness and leakage under pressure.  According to the                           
                 Examiner, Answer page 3, these properties are all related to the                                 
                 materials that form the claimed article disclosed by Levy.  As stated                            
                 above, Appellants have not proven that the prior art product does not                            
                 necessarily or inherently possess characteristics attributed to the claimed                      
                 product.  Appellants have not asserted that the properties specified by                          
                 the claims were not related to the properties of Levy identified by the                          
                 Examiner.  As such, these claims are not patentable over the stated                              
                 rejection for the reasons presented above.                                                       





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