Ex Parte 6428526 et al - Page 2

                Appeal 2007-0724                                                                                
                Reexamination Control 90/006,775                                                                
                Patent 6,428,526                                                                                
           1                              STATEMENT OF CASE                                                     
           2           Appellants appeal under 35 U.S.C. § 134 from a final rejection of                        
           3    claims 1-22.  We have jurisdiction under 35 U.S.C. §§ 6(b) and 306.                             
           4           Appellants’ invention is directed to a package of disposable absorbent                   
           5    articles, such as diapers.                                                                      
           6           Claims 1 and 12 are the claims at issue in this appeal.2  They read as                   
           7    follows:                                                                                        
           8    1. A package of disposable absorbent articles comprising a plurality of                         
           9    said disposable absorbent articles wherein each of said disposable absorbent                    
          10    articles includes an outer cover, a bodyside liner, an absorbent core disposed                  
          11    between said outer cover and said bodyside liner, and at least one hook-and-                    
          12    loop type mechanical fastener which comprises a hook material which                             
          13    includes a base sheet and stemlike projections extending from said base                         
          14    sheet, said stemlike projections being releasably engaged with said                             
          15    disposable absorbent article to protect said hook material and provide a pant-                  
          16    like structure before said disposable absorbent article is packaged.                            
          17                                                                                                    
          18    12. A package of disposable absorbent articles comprising a plurality of                        
          19    said disposable absorbent articles wherein each of said disposable absorbent                    
          20    articles includes an outer cover, a bodyside liner, an absorbent core disposed                  
          21    between said outer cover and said bodyside liner, and at least one hook-and-                    
          22    loop type mechanical fastener which comprises a hook material which                             
          23    includes a base sheet and stemlike projections extending from said base                         
          24    sheet, said stemlike projections being releasably engaged with said                             
          25    disposable absorbent article to protect said hook material and provide a pant-                  
          26    like structure, said plurality of said disposable absorbent articles having said                
          27    pant-like structure in said package.                                                            
          28                                                                                                    
          29           The examiner relies on the following evidence in rejecting the claims                    
          30    on appeal:                                                                                      
          31                                                                                                    
                                                                                                               
                2 Claims 1 and 12 are the only independent claims on appeal.                                    
                                                       2                                                        

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