Appeal 2006-2263
Application 09/859,665
REMAND
At least claims 1 and 32 appear to be unpatentable under §§ 102(e) or
103(c) over Hamilton. Regarding claim 1, Hamilton discloses a method of
changing the rheological (viscoelastic) properties of a fluid by using a
personal care absorbent article having “a fluid pervious polyolefin cover
sheet,” “a fluid impervious backsheet,” and “an absorbent core between
them” (Hamilton, Figure 2, ref. no. 24, 26, 32 and 34; col. 25, ll. 25-45; col.
29, ll. 40-55). Hamilton discloses enclosing chitosan (i.e., gelling agent) and
nits inside a non-woven polypropylene web that is part of an absorbent
article (Hamilton col. 25, ll. 25-48; col. 29, ll. 30-36; col. 30, ll. 63-64 and
col. 45, ll. 52-55). Hamilton further discloses contacting the chitosan and nit
mixture with menses or other fluid such that change occurs in the
rheological properties (i.e., viscosity) of the fluid being treated (Hamilton,
col. 25, ll. 25-45). Accordingly, Hamilton appears to disclose all that is
contained in claim 1.
Regarding claim 32, Hamilton discloses a personal care absorbent
article having “a fluid pervious polyolefin cover sheet,” “a fluid impervious
backsheet,” and “an absorbent core between them” (Hamilton, Figure 2, ref.
no. 24, 26, 32 and 34; col. 25, ll. 25-45; col. 29, ll. 40-55). Hamilton further
discloses enclosing chitosan (i.e., gelling agent) and nits inside a nonwoven
polypropylene web that is part of the absorbent core of the absorbent article
(Hamilton col. 25, ll. 25-48; col. 29, ll. 30-36; col. 30, ll. 63-64 and col. 45,
ll. 52-55). Accordingly, Hamilton appears to disclose all that is contained in
claim 32.
We note that Appellants disclose using chitosan as a water-soluble
gelling agent (Specification 35-36). It appears that Hamilton’s chitosan
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