Appeal No. 2006-0983
Application No. 09/793,057
Independent claim 48 is directed to a hook component having an
overall aspect ratio within a range of 20 to 55 percent, wherein
the overall aspect ratio is again defined as the aggregate hook
head area, measured at an elevation above the hook backing that
includes a maximum overhang of heads of the hooks, divided by an
overall area of the hook component. Claim 48 also adds a
limitation with respect to the structure of the hook backing (i.e.,
that it has a non-uniform thickness with areas of greater thickness
about the hooks and areas of lesser thickness between the hooks)
and a limitation concerning each of the hooks comprising a polymer
having a bulk flexural modulus in a range of 7 kpsi (48 MPa) to 30
kpsi (207 MPa). Claim 48 stands rejected under 35 U.S.C. § 103(a)
as being unpatentable over Goulait in view of Tachauer. The
examiner has relied upon Goulait for the same teachings as applied
to independent claim 1 above and adds Tachauer for its teachings
regarding hook components having soft and flexible regions formed
of a soft polymer having a flexural modulus of between 10 and 60
kpsi. In the examiner’s view, it would have been obvious to
incorporate a soft polymer material like that taught in Tachauer
to provide a non-abrasive, skin-friendly fastening system in
Goulait “usable with an absorbent article where the article affords
a relatively soft and stretchable base preventing discomfort to a
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