Appeal 2007-0724
Reexamination Control 90/006,775
Patent 6,428,526
1 contamination that would affect its function as a fastener. Roessler, col. 2,
2 ll. 9-20 and 48-54.
3 We find that one of ordinary skill in the art would have been
4 motivated to modify the adhesive fastening means in Caldwell with hook-
5 and-loop fastening means for the reasons disclosed in Roessler. Therefore,
6 based on the record before us, it is reasonable to conclude that the invention
7 of claim 12 would have been obvious to one of ordinary skill in the art in
8 view of the combined teachings of Roessler and Caldwell.
9 NEW GROUNDS OF REJECTION
10 Claims 1-11 are rejected under 35 U.S.C. § 103(a) as being
11 unpatentable over the combination of Roessler and Caldwell.
12 Caldwell discloses a diaper having fastening means comprising
13 adhesive tabs which may be engaged to provide a pant-like structure.
14 Caldwell, col. 7, ll. 11-24. Caldwell discloses that a plurality of diapers may
15 be packaged together in this pant-like configuration. Caldwell, col. 8, ll. 14-
16 34.
17 Roessler discloses a diaper having fastening means comprising a
18 hook-and-loop fastener. Roessler, col. 2, ll. 9-12. Roessler recognizes that
19 an adhesive tab has disadvantages. For example, repeated reopening and
20 reclosing of a diaper having an adhesive tab may result in tearing the outer
21 cover of the diaper or contaminating the adhesive with baby powder, oil, or
22 the like. Roessler, col. 1, ll. 25-39. According to Roessler, the disclosed
23 hook-and-loop fastener is capable of refastening a diaper securely five or
24 more times and is able to resist contamination that would affect its function
25 as a fastener. Roessler, col. 2, ll. 9-20 and 48-54.
13
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