Appeal No. 2006-1769 Application No. 09/784,292 is suitable for wiping a wearer’s skin during the changing of a soiled absorbent garment. This could include materials such as cloth or paper. The appellants have not provided evidence demonstrating why the cloth material disclosed in Kuen would not be suitable for wiping a wearer’s skin during the changing of a soiled absorbent garment. The appellants contend that the term “wipe material” has a special meaning in the art, but the meanings provided by the appellants do not exclude the cloth material disclosed in Kuen. A cloth material, such as that described in Kuen ‘162, is absorbent and is suitable for wiping a wearer’s skin during the changing of a soiled absorbent garment. As such, we affirm the examiner’s rejection of claims 5 and 38. C. Dependent Claims 2-4, 6-20, 22-33, 35-37, 39 and 40 The appellants did not separately argue the patentability of these dependent claims. Rather, they relied on their arguments of patentability for independent claims 1, 21, and 34. Finding no argument for the separate patentability of these claims, we agree with the examiner (answer, page 3) that they should be considered to fall with independent claims 1, 21, and 34. As such, because we affirm the examiner’s rejection of the independent claims, we also affirm the rejection of these dependent claims. -17-Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: November 3, 2007