Appeal 2006-3388
Application 10/246,800
1 (Page 12). The superabsorbent material may also be fibers which can be
2 integrally formed with the elastomeric substrate (Page 12). The elastomeric
3 substrate may comprise polyester or polypropylene (Page 10). Osborn
4 teaches that there is a z direction distribution of the superabsorbent material
5 in the elastomeric substrate (Page 16). Osborn does not disclose a
6 crosslinker non-adhesively attached to the elastomeric substrate.
7 Whitmore discloses an absorbent article formed of a fibrous material
8 substrate non-adhesively attached to a superabsorbent material (col. 1, l. 6 to
9 7; col. 2, ll. 45 to 56). The superabsorbent material includes a crosslinker
10 (col. 5, ll. 23 to 49). The superabsorbent material is sprayed on the fibrous
11 material (col. 11, ll. 43 to 44). After spraying the superabsorbent material on
12 the fibrous material, the composite is subjected to conditions under which
13 the superabsorbent material polymerizes (col. 14, ll. 41 to 44). The fibrous
14 web may be formed of polyester or polypropylene (col. 11. l. 64 to col. 12,
15 l. 4). Whitmore teaches that the process therein disclosed results in a matrix
16 having a superabsorbent polymer uniformly distributed therein and thereby
17 results in a structure with a reduced likelihood of super-absorbent shifting
18 which leads to uneven absorption of fluids (col. 2, ll. 34 to 42).
19
20 DISCUSSION
21 We will sustain the Examiner’s rejection of claims 1 to 28, 49 to 59
22 and 61 to 71 as being unpatentable under 35 U.S.C. § 103(a) over Osborn in
23 view of Whitmore. We are not persuaded by Appellants’ argument that one
24 of ordinary skill in the art would not have been motivated to modify the
25 Osborn absorbent article so as to include a crosslinker in view of the
4
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