Appeal 2007-0724
Reexamination Control 90/006,775
Patent 6,428,526
1 decision would have rendered obvious a package comprising a plurality of
2 diapers wherein each diaper has stemlike projections releasably engaged
3 with the diaper to provide a pant-like structure as required by claim 1?
4 Have the appellants shown that the examiner has failed to establish
5 that the combined teachings of Roessler and Caldwell would have rendered
6 obvious a package comprising a plurality of diapers wherein each diaper has
7 stemlike projections releasably engaged with the diaper to provide a package
8 of diapers having a pant-like structure?
9 STATEMENT OF FACTS
10 According to the appellants’ specification, the term “disposable
11 absorbent article” is intended to refer to any disposable article intended to
12 absorb discharged body fluids, such as a diaper. Patent 6,428,526, col. 4, ll.
13 2-5.
14 Appellants disclose a diaper comprising an outer cover, an inner
15 bodyside liner, an absorbent core disposed between the outer cover and the
16 bodyside liner, and mechanical fasteners. Patent 6,428,526, col. 4, ll. 17-23.
17 The mechanical fasteners may be hook-and-loop type fasteners. Patent
18 6,428,526, col. 5, ll. 64-67.
19 According to the appellants’ specification, the stemlike projections of
20 the hook material must not be damaged during manufacturing and packaging
21 to ensure proper fastening and refastening. Thus, it is important that the
22 hook material be protected until the point in time the disposable article is
23 handled by the user. Patent 6,428,526, col. 8, line 64-col. 9, line 9.
24 In one embodiment illustrated in Figure 8, the hook material is
25 protected during manufacture and before packaging by releasably engaging
5
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