Ex Parte Luccio et al - Page 6

              Appeal 2006-2263                                                                     
              Application 09/859,665                                                               
              concentration into the materials such as non-woven materials during the              
              manufacturing process, adding the gelling agents “on their own” to the               
              absorbent article, or adding the gelling agents to the absorbent article “by         
              means of airlaid, airformed, wetlaid, absorbent laminates, or nonwoven               
              materials . . .”  (Specification 33:10-15).                                          
                    Because Appellants describe various alternatives (i.e., “a variety of          
              ways”) to incorporate the water soluble gelling agent into the nonwoven web          
              material, we construe the claim phrase “on at least one of at least” in claim        
              15 to mean that either the gelling agent is placed on “a portion of a surface        
              of polyolefin or pulp fibers forming said nonwoven web material” or “within          
              at least a portion of the interstices of said nonwoven web material” (Claim          
              15).                                                                                 
                    Our above claim construction is further supported by the language of           
              claim 15 itself.  The claim language, “at least one,” plainly indicates that         
              only one of the application techniques (i.e., “on . . . a surface of a polyolefin    
              or pulp fibers forming said nonwoven web” or “within at least a portion of           
              the interstices of said nonwoven web material”) following such claim                 
              language need be met to satisfy the claim feature.  Accordingly, prior art that      
              discloses placing a water-soluble gelling agent on either “a portion of a            
              surface” of a fiber, or “within . . . the interstices of said nonwoven web”          
              would satisfy the particular claim feature.                                          
                    Hamilton discloses placing chitosan (i.e., gelling agent) and nits inside      
              a pouch of non-woven web material, such as a spunbond polypropylene web              
              (Hamilton col. 25, ll. 25-48; col. 30, ll. 63-64 and col. 45, ll. 52-55).            
              Chitosan, in its natural form, is water-soluble. The chitosan and nits are           
              mixed in granular form (Hamilton, col. 29, ll. 51-55).                               

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