Appeal 2007-0283
Application 09/849,594
bond points. Kielpikowski teaches that the bonding patterns of the
embodiment illustrated in Fig. 4 can be used where “it is desired to minimize
the use of thermal bonds.” One of ordinary skill in the art would have
formed the circular ultrasonic bond points according to the pattern in Fig. 4
of Kielpikowski by the method of Bridges which results in displacement of
material around the bond site, reasonably appearing on this record to form a
leak proof seal between the inner and outer layers of liquid-impermeable
material.
Thus, on this record, we determine one of ordinary skill in this art
would have found in the teachings of Bridges and Kielpikowski the
motivation to combine the same and thence to use the bond point pattern
illustrated in Fig. 4 of Kielpikowski in forming tear line 29 along the edge of
overlapping inner and outer layers 46,48 in the non-elastic areas of
longitudinal side regions 88 in the reasonable expectation of obtaining a tear
line 29 of suitable strength to maintain the integrity of the diaper or similar
article before the article is torn apart along that line in use.
Therefore, we are of the opinion that one of ordinary skill in this art
routinely following the combined teachings of Bridges and Kielpikowski as
applied by the Examiner would have reasonably arrived at the claimed leak-
proof seal and method of making the same encompassed by claims 1, 14,
and 27 without recourse to Appellants’ Specification. See, e.g., In re Kahn,
441 F.3d 977, 985-88, 78 USPQ2d 1329, 1334-37 (Fed. Cir. 2006); In re
Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981)(“The test for
obviousness is not whether . . . the claimed invention must be expressly
suggested in any one or all of the references. Rather, the test is what the
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