Appeal 2007-0724
Reexamination Control 90/006,775
Patent 6,428,526
1 obvious. The examiner must articulate some reason for modifying Dragoo
2 as proposed. Therefore, we also conclude that the examiner has failed to
3 establish that the combination of Dragoo, Buell, and Nestegard would have
4 rendered obvious the subject matter of claim 1.
5 C. Rejection of claims 1-11 based on Buell, Nestegard, and the
67 ‘777 Board decision
8
9 The examiner finds that Buell and Nestegard disclose an absorbent
10 article having a fastening system comprising hook and loop material. The
11 examiner also finds that Buell does not disclose a package comprising a
12 plurality of absorbent articles. However, the examiner relies on the ‘777
13 Board decision to establish that it is well known and conventional practice to
14 package a plurality of disposable diapers in a single package for subsequent
15 use by a consumer. Answer 6-7. The examiner further explains (Answer 7):
16 As set forth supra in the Claim Interpretation section, these
17 claims are also interpreted to require the capability of releasable
18 engagement of the stemlike projections of the hook material
19 with the disposable absorbent article . . . . The Buell et al ‘274
20 article . . . includes all the claimed structure prior to packaging
21 and also teaches that the stemlike projections of the hook
22 material releasably engage with the outer cover or the outer
23 surface or with a loop material, and thus conceals or covers the
24 stemlike projections, to form a pant-like structure during use.
25 Therefore there is sufficient factual basis for one to conclude
26 that the capabilities of the claimed structure are necessarily and
27 inevitably present in or obvious from the same structure of the
28 Buell article. [Emphasis added.]
29
30 Significantly, the examiner has failed to explain why the combined
31 teachings of Buell, Nestegard, and the ‘777 Board decision would have
32 rendered obvious a package of absorbent articles wherein each absorbent
11
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: September 9, 2013