Appeal 2006-1804
Application 09/825,609
positioned between the garment-facing outer surface and said at least one
absorbent layer, as called for in Appellants’ claim 1. Accordingly, the
theory espoused by the Examiner (Answer 7) that Fujioka discloses all
elements of claim 1, cannot form a reasonable basis upon which to sustain
the Examiner’s rejection.
Fujioka’s objective is to direct any excess liquid not absorbed by the
absorbent core of the absorbent pad insert toward the center of the
disposable diaper, so that the liquid absorbed by the diaper will not leak out
the sides of the diaper. A person of ordinary skill in the art would certainly
have appreciated from Matsuda that the absorbing capacity of Fujioka’s
absorbent core could be more effectively utilized by providing one or more
liquid repellent barrier sheets within the core to spread the flow across the
core. The skilled artisan would also have recognized from Fujioka,
however, that liquid repellent barriers, if placed within Fujioka’s absorbent
core 23 as taught by Matsuda, would direct the liquid toward the periphery
of the absorbent core, thereby encouraging excess liquid to flow outward
from the periphery of the absorbent pad insert and hence toward the
periphery of the diaper. Flow of excess liquid away from the center and
toward the periphery of the diaper is precisely what Fujioka seeks to avoid.
Consequently, one of ordinary skill in the art would have been dissuaded
from providing a barrier
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