Ex Parte Sanders et al - Page 5

                Appeal 2006-1924                                                                                
                Application 09/954,506                                                                          

                In order to establish that a garment manufacturing method                                       
                corresponding to the method of representative claim 1 would have been                           
                obvious, the Examiner notes another modification of the manufacturing                           
                method of Fernfors that would have been suggested to one of ordinary skill                      
                in the art in the Examiner’s opinion.  In particular, Fernfors discloses an in                  
                line method for manufacturing reclosable absorbent garments, such as pants,                     
                and teaches that strips of releasable material are attached, such as by                         
                adhesive or ultrasonic welding, to the garment web at first and second edges                    
                thereof.  However, Fernfors furnishes little detail as to how these releasable                  
                strips are supplied and transferred to the moving web during the garment                        
                manufacturing process. See, e.g., the abstract and Fig. 1, elements 5, 8, 9, 13,                
                and 14 of Fernfors.  Concerning these claim features, the Examiner (Answer                      
                8-9) reasonably maintains that, as evidenced by the garment making                              
                teachings of Datta, Pohjola, and/or Rajala, it would have been obvious to                       
                one of ordinary skill in the art at the time of the invention to employ the                     
                conventional method of (1) moving fastener material in a direction that                         
                differs from the in line garment/web moving direction,                                          
                (2) providing for the cutting of the fastener material to form the fastener                     
                members (releasable strips), (3) rotating the fastener members in a manner                      
                as here clamed at, and (4) applying the rotated fastener members to the                         
                garment/web.                                                                                    
                       With regard to the latter proposed modification of Fernfors,                             
                Appellants disagree with the Examiner’s obviousness position.  Appellants                       
                maintain that one of ordinary skill in the art would not have been led to                       
                employ the teachings of Datta, Pohjola and/or Rajala, as relied upon by the                     
                Examiner, in modifying the method of Fernfors.                                                  

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