Appeal 2006-3388
Application 10/246,800
1 Appellants further contend that there is no teaching or suggestion in
2 either Osborn or Whitmore of an absorbent elastomeric material having a
3 superabsorbent polymer spread through at least about 50% of the thickness
4 of the open web of an elastomeric substrate.
5 ISSUES
6 The first issue is whether the Appellants have shown that the
7 Examiner erred in holding that a person of ordinary skill in the art would
8 have had reason to modify the device disclosed in Osborn to include a
9 superabsorbent polymer with a crosslinker non-adhesively attached to the
10 open web facing of the elastomeric substrate.
11 The second issue is whether the Appellants have shown that the
12 Examiner erred in holding that it would have been obvious at the time of the
13 invention to form an absorbent article that has a superabsorbent polymer
14 spread through at least about 50% of the thickness of the open web of an
15 elastomeric substrate.
16
17 FINDINGS OF FACT
18 Osborn discloses an absorbent article formed of an elastomeric
19 substrate structure comprising an open web facing non-adhesively attached
20 to a superabsorbent material (Page 12). The superabsorbent material
21 comprises a gelling agent formed by particles of substantially water-
22 insoluble, slightly cross-linked, partially neutralized, hydrogel-forming
23 polymer material (Page 11). The superabsorbent polymer may be adhered to
24 the elastomeric substrate by using a chemical such as glycerol or glycerin to
25 swell the superabsorbent material particles and make the surface of the
26 particles tacky so that they adhere to the fibers of the elastomeric substrate
3
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