Ex Parte Sherrod et al - Page 3



             Appeal 2006-1804                                                                  
             Application 09/825,609                                                            

                         surfaces of at least one of the said at least one                     
                         absorbent layers; and                                                 
                              wherein said at least one delay layer is                         
                         positioned between said at least one absorbent                        
                         layer and said garment-facing outer surface.                          

                                       THE EVIDENCE                                            
                   The Examiner relies upon the following as evidence of                       
             unpatentability:                                                                  
             Poulsen    US 2,929,379  Mar. 22, 1960                                            
             Matsuda    US 3,612,054  Oct. 12, 1971                                            
             Fujioka1    EP 945 110 A2  Sep. 29, 1999                                          

                                      THE REJECTIONS                                           
                   Appellants seek review of the Examiner’s rejections under 35 U.S.C.         
             § 103(a) of claims 1-3, 6, 9, 12-14, and 18-22 as being unpatentable over         
             Fujioka in view of Matsuda and claims 10 and 11 as being unpatentable over        
             Fujioka in view of Matsuda and Poulsen.                                           
                   The Examiner provides reasons in support of the rejections in the           
             Examiner's Answer (mailed September 6, 2005).   Appellants present                
             opposing arguments in Appellants’ Brief (filed June 24, 2005) and Reply           
             Brief (filed October 27, 2005).                                                   



                                                                                              
             1 The Examiner and Appellants refer to this reference as “Unicharm.”              
                                              3                                                



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