Appeal 2007-0724
Reexamination Control 90/006,775
Patent 6,428,526
1 article has a pant-like structure in the package as required by claim 1. To the
2 extent that the diaper in Buell is “capable” of being packaged in a pant-like
3 structure, this capability alone is not sufficient to establish that the claimed
4 invention would have been obvious. The examiner must articulate some
5 reason for modifying Buell as proposed. For this reason, we conclude that
6 the examiner has failed to establish that the combination of Buell, Nestegard,
7 and the ‘777 Board decision would have rendered obvious the subject matter
8 of claim 1.
9 D. Rejection of claims 12-22 based on Roessler and Caldwell
10 The examiner finds that Roessler discloses a disposable diaper having
11 hook-and-loop mechanical fasteners. The examiner also finds that Roessler
12 does not disclose a package of diapers wherein the diapers have a pant-like
13 structure in the package. Answer 8.
14 The examiner finds that Caldwell discloses a plurality of diapers
15 having fastening means comprising adhesive tabs which may be engaged to
16 provide a pant-like structure. The examiner also finds that Caldwell
17 discloses that the diapers may be packaged together in this pant-like
18 structure to protect the fastening means during shipment and storage.
19 Answer 9.
20 Roessler recognizes that an adhesive tab has disadvantages. For
21 example, repeated reopening and reclosing of a diaper having an adhesive
22 tab may result in tearing the outer cover of the diaper or contaminating the
23 adhesive with baby powder, oil, or the like. Roessler, col. 1, ll. 25-39.
24 According to Roessler, the disclosed hook-and-loop fastener is capable of
25 refastening a diaper securely five or more times and is able to resist
12
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