Appeal 2006-2347
Application 10/245,350
NEW GROUND OF REJECTION
We find it necessary, however, to make a new ground of rejection of claims
1-20 under 35 USC § 103(a) as unpatentable over U.S. Patent No.6,120,489 to
Johnson et al. in view of U.S. Patent No. 6,626,883 to Wada (filed June 13, 2001).
With regard to claim 1, we find that Johnson discloses a feminine hygiene
device (col. 1, lines 14-16) comprising a liquid impervious cloth (26) for covering
the pelvic region of a woman (col. 5, line 21). In particular, Johnson discloses that
the garment includes a backsheet (26) whose size is dictated by the size of the
absorbent core (28) and the exact disposable garment design selected (col. 5, lines
37-39). In one embodiment, Johnson discloses that the backsheet (26) is disposed
in at least the crotch portion (57) (col. 5, lines 39-41). Johnson further discloses
that “[t]he backsheet 26 prevents the exudates absorbed and contained in the
absorbent core 28 from wetting articles which contact the disposable training pants
20” (col. 5, lines 27-30). We further find that Johnson discloses elastic side panels
(30) for tensioning the cloth snugly about the pelvic region and the legs. In
particular, Johnson discloses,
The elasticized side panels 30 provide an elastically
extensible feature that provides a more comfortable and
contouring fit by initially conformably fitting the
disposable garment to the wearer and sustaining this fit
throughout the time of wear well past when the
disposable garment has been loaded with exudates since
the elasticized side panels allow the sides of the
disposable garment to expand and contract. (Col. 8, lines
11-18.)
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