Appeal 2006-3388
Application 10/246,800
1 Appellants invented an absorbent elastomeric material comprising an
2 elastomeric substrate and a superabsorbent polymer non-adhesively attached
3 to the substrate (Specification: 2).
4 Claim 1 under appeal reads as follows:
5 1. An absorbent, elastomeric material comprising:
6
7 an elastomeric substrate comprising at least one open
8 web facing; and
9
10 a superabsorbent polymer with a crosslinker non-
11 adhesively attached to the open web facing.
12
13 The Examiner rejected claims 1 to 28, 31 to 45, 47 to 59 and 61 to 71
14 under 35 U.S.C. § 103 (a) as being unpatentable over Osborn in view of
15 Whitmore.
16 The Examiner rejected claims 29, 30, 60 and 61 under 35 U.S.C.
17 § 103(a) as being unpatentable over Osborn in view of Whitmore and
18 Nogata.
19 The prior art relied upon by the Examiner in rejecting the claims on
20 appeal is:
21 Nogata US 5,728,461 Mar. 17, 1998
22 Whitmore US 6,417,425B1 Jul. 09, 2002
23 Osborn WO 94/02094 Feb. 03, 1994
24
25 Appellants contend that there would be no reason to modify the
26 device disclosed in Osborn to include a superabsorbent polymer with a
27 crosslinker non-adhesively attached to the open web facing of the
28 elastomeric substrate.
2
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