Ex Parte Ohnishi et al - Page 8




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

                        Regarding claim 17, we agree with Appellants.  (Brief, p. 9).  The                        
                 Examiner has not established that it would have been obvious to include                          
                 a melt-blown nonwoven web in an elasticized leg cuff as specified by                             
                 the claim.  These properties are similar to the properties of the nonwoven                       
                 backsheet.  The Examiner has not directed us to evidence that suggests                           
                 the inclusion of the backsheet material in the leg cuffs of a disposable                         
                 garment.  As such, the Examiner has not directed us to a teaching or                             
                 suggestion within the cited references or within the general knowledge                           
                 of those skilled in the art that would have led one skilled in the art to the                    
                 claimed invention.  The rejection of claim 17 under §103(a) is reversed.                         
                                                 CONCLUSION                                                       
                        The rejection of claims 1, 2, 4 to 8 and 14 to 16 under 35 U.S.C.                         
                 § 103(a) is affirmed.  The rejection of claim 17 under 35 U.S.C. §103(a) is                      
                 reversed.                                                                                        











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