Appeal 2007-0283
Application 09/849,594
USPQ 80, 82-83 (CCPA 1975) (“Appellants have chosen to describe their
invention in terms of certain physical characteristics . . . . Merely choosing
to describe their invention in this manner does not render patentable their
method which is clearly obvious in view of [the reference].” (citation
omitted)). The tear line containing article taught by Bridges is applicable to
the claimed invention even though the article is destroyed during use.
We further agree with the Examiner that one of ordinary skill in this
art would have found in Bridges the teaching that such person can determine
other patterns of ultrasonically formed bonds which satisfy the requirements
of strength and tearing set forth in the reference. Contrary to Appellants’
contentions, we determine this person would have combined Bridges and
Kielpikowski on this basis. Bridges discloses that in a diaper, tear lines 29
can extend along the edge of longitudinal side regions 88 where seam 10 is
formed. Longitudinal side region 88 can be formed from overlapping inner
and outer layers 46,48 of liquid impermeable-material or can be a
longitudinal containment flap attached to ear flap 72, without an elastic
member present between the inner and outer layers of either structure. The
ultrasonic bond points can be in the pattern illustrated in Fig. 1E in which
the bond points are circular and spaced 0.01 inch from one another in three
offset parallel rows. Kielpikowski discloses a containment flap having
ultrasonic bond points 25 along the edge of overlapping first and second
layers 16,18 of liquid-impermeable material which do not have an elastic
member therebetween. The pattern of bond points 25 is illustrated in Fig. 4
as circular bond points in four offset parallel rows in which at least one of
the bond points in each row is equally spaced apart from at least three other
18
Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: September 9, 2013