Appeal 2006-2014
Application 09/745,006
Applying the claim construction of “fluid permeable body-side liner”
to Tanzer’s disclosed “envelope web,” we find that Appellant’s “fluid
permeable body-side liner” reasonably corresponds to Tanzer’s “envelope
web.” Tanzer’s “envelope web” is hydrophilic and would have to be fluid
permeable or else no liquid would be absorbed by the absorbent assembly 52
the envelope web surrounds (Tanzer 35, ll. 2-3). Moreover, it is positioned
“more body-side than [other structures in the absorbent article]” (Answer 7)
and lines the liquid impermeable layer 50 (Figure 12, the “envelope web”
would surround the absorbent assembly 52 and extend past the peripheral
edges of the absorbent assembly 52) (Tanzer 35, ll. 1-2, 7-9), thus satisfying
the Examiner’s construction of “fluid impermeable body-side liner.”
Regarding Appellant’s first and second argued distinctions, based on
the foregoing construction of “fluid permeable body-side liner,” Appellant’s
“flap sheet” or “pocket sheet” is construed as corresponding to bodyside
layer 54 that is part of liquid control assembly 102. The bodyside layer 54
(i.e., flap or pocket sheet) is separate from (i.e., spaced from) envelope web
(i.e., fluid permeable body-side liner) thus satisfying the claim feature. The
bodyside layer 54 (i.e., flap or pocket sheet) is bonded at the peripheral
edges to the underlying envelope layer that extends past the peripheral edges
of the absorbent assembly 52 using adhesives, for example (Tanzer 35, ll. 4-
9; Figure 12). Tanzer discloses that barrier layer 122 is optional so it may be
omitted from the diaper (Tanzer 24, ll. 32-33). Hence, Tanzer’s bodyside
layer 54 (i.e., flap sheet or pocket sheet) is attached at peripheral edges
directly to envelope web (i.e., fluid permeable body-side liner) (Tanzer
Figure 12). For these reasons, Appellant’s first and second argued
distinctions are satisfied by Tanzer’s disclosure.
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Last modified: September 9, 2013